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?
- The worker is entitled to the separation benefits provided by law or service agreement, whichever is higher, without prejudice to other applicable specified benefits
- The worker automatically becomes the principal’s employee on the first day of waiting
- The contractor may erase accrued benefits because the phase ended
- The worker must wait indefinitely without separation benefits
- 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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