Philippine Bar review · Question

Practice question: Effect of Termination of Employment

Multiple Choice Hard Jurisprudence

Practice question

A worker engaged for a genuine phase of work under a DO 174-covered arrangement reaches the completion of that phase. The worker elects the section 13 option to await re-employment. The contractor provides no new employment within the specified three-month period. Which statement most accurately reflects the provision?
  1. The worker is entitled to the separation benefits provided by law or service agreement, whichever is higher, without prejudice to other applicable specified benefits
  2. The worker automatically becomes the principal’s employee on the first day of waiting
  3. The contractor may erase accrued benefits because the phase ended
  4. The worker must wait indefinitely without separation benefits
  5. The worker can claim benefits only by proving that every contractor in the country has no vacancy

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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