Philippine Bar review · Question

Practice question: Effect of Termination of Employment

Multiple Choice Hard

Practice question

A service agreement is prematurely terminated through a party’s fault outside the specified Article 298 authorized causes, causing employee termination. Unremitted mandatory contributions are established. The at-fault party says only take-home wages appear in Section 13. Which is correct?
  1. The paragraph expressly includes unpaid benefits and unremitted mandatory contributions, without prejudice to solidarity.
  2. Contributions disappear upon termination.
  3. Only cash wages are mentioned.
  4. A party’s fault automatically removes employee claims.
  5. The worker must replace the missing contributions personally.

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

Answer this question in flashcards to review your response and continue practicing.