Philippine Bar review · Question

Practice question: Effect of Termination of Employment

Multiple Choice Medium Jurisprudence

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?
  1. Expiry alone conclusively establishes lawful dismissal
  2. The automatic-termination claim conflicts with the express rule for the contractor’s regular employees
  3. The employee automatically becomes the principal’s employee solely because of expiry
  4. The employee forfeits all remedies by having worked at the principal’s site
  5. 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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