Practice question
A regular employee of a genuine contractor is told that employment automatically ended solely because the principal’s service agreement expired. No independent lawful termination ground is identified. Which response best follows section 13?
- Expiry alone conclusively establishes lawful dismissal
- The automatic-termination claim conflicts with the express rule for the contractor’s regular employees
- The employee automatically becomes the principal’s employee solely because of expiry
- The employee forfeits all remedies by having worked at the principal’s site
- The employee must sign a future-claims waiver to preserve wages
Legal references
- https://www.dole.gov.ph/php_assets/uploads/2017/07/DO-174-17-Rules-Implementing-Articles-106-to-109-of-the-Labor-Code-As-Amended1.pdf — DO 174-17, sections 10–13, employee rights, required contracts, and effect of termination.
- https://www.scribd.com/document/768934000/Department-Order-No-174-Series-of-2017 — mirrored issued DO 174-17 text, section 13.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/90581 — EO 51, s. 2018, section 2, security of tenure and due process.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535 — DO 147-15, Rule I-A, application of just and authorized causes under Articles 297–299.
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