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Philippine Bar review · Question

Practice question: Other Illicit Forms of Employment Arrangements

Multiple Choice Hard

Practice question

A contractor proves substantial resources and independent methods. The specific arrangement nevertheless contracts out work by reason of an actual strike and falls within Section 6(d). Counsel says satisfying resource and control considerations necessarily cures every Section 6 violation. Which is best?
  1. The separate illicit-arrangement prohibition still must be applied.
  2. Section 5 automatically repeals Section 6.
  3. Capital permits every strike-related arrangement.
  4. Independent methods eliminate all public-policy restrictions.
  5. Only a lack of payroll can ever make contracting illicit.

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

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