Philippine Bar review · Question

Practice question: Effect of Termination of Employment

Multiple Choice Hard

Practice question

A contractor’s employee is dismissed before client-contract expiry for an independently established lawful just cause with required due process. Worker argues that Section 13 guarantees employment until the client contract ends regardless of misconduct. Which is best?
  1. Every worker is immune until client expiry.
  2. Section 13 applies the governing termination provisions rather than granting unconditional immunity from lawful dismissal.
  3. Only client expiry can ever end employment.
  4. A service agreement repeals all just causes.
  5. Due process is forbidden in contracting.

Legal references

  • DOLE Department Order 174 s.2017, issued text, Sections 5-14: https://palscon.org/public/assets/img/labor-laws-advisory/DO%20174-17%20Rules%20Implementing%20%20Articles%20106%20to%20109%20of%20the%20Labor%20Code,%20As%20Amended.pdf
  • Executive Order 51 s.2018 Sections 1-3: https://lawphil.net/executive/execord/eo2018/eo_51_2018.html

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