Philippine Bar review · Question

Practice question: Effect of Termination of Employment

Multiple Choice Easy Jurisprudence

Practice question

Where section 13 requires separation benefits because the contractor fails to provide new employment, what comparison does it prescribe?
  1. The lower of the law or service agreement
  2. The law or service agreement, whichever is higher
  3. Whatever amount the principal unilaterally chooses
  4. Only one day’s pay regardless of applicable terms
  5. No benefits whenever a service agreement exists

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.

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