Philippine Bar review · Question

Practice question: Security of Tenure (Art. XIII)

Multiple Choice Medium

Practice question

A complex probationary job has no disclosed regularization standards at engagement. No recognized exception applies. The employer later invokes a quota first introduced after hiring. Under Aliling, which is correct?
  1. The failure to communicate the required standards at engagement undermines the claimed probationary basis
  2. A quota invented later always applies retroactively
  3. The employee had to guess every undisclosed target
  4. Calling the job probationary necessarily cures the omission
  5. No worker can challenge a probation label

Legal references

  • 1987 Constitution: https://lawphil.net/consti/cons1987.html ArticleXIII Section3.
  • Aliling v Feliciano GR185829 April25,2012 MAIN: https://lawphil.net/judjuris/juri2012/apr2012/gr_185829_2012.html Probationary tenure and standards at engagement.
  • Agabon v NLRC GR158693 November17,2004 MAIN: https://lawphil.net/judjuris/juri2004/nov2004/gr_158693_2004.html Valid just cause distinguished from procedural violation.

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