Philippine Bar review · Question

Practice question: Effect of Termination of Employment

Multiple Choice Medium Jurisprudence

Practice question

A service agreement is prematurely ended through one party’s fault, not because of authorized causes under Article 298, and this causes termination of a contractor’s employee. What does section 13 say about unpaid wages, unpaid benefits, and unremitted mandatory contributions?
  1. They are automatically extinguished
  2. They are borne by the party at fault, without prejudice to the service-agreement parties’ solidary liability
  3. Only the employee must bear them
  4. They are payable only if the worker abandons all other claims
  5. They are converted into a gift payable at the principal’s option

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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