Philippine Bar review · Question

Practice question: Other Illicit Forms of Employment Arrangements

Multiple Choice Medium Jurisprudence

Practice question

A principal farms out work to an in-house cooperative that merely supplies workers to it. The cooperative argues that incorporation as a cooperative automatically makes the arrangement permissible. Which answer follows section 6(c)?
  1. The argument is correct for every registered cooperative
  2. The arrangement is expressly prohibited; cooperative form does not by itself cure mere worker supply through an in-house cooperative
  3. The arrangement becomes lawful if no worker pays membership dues
  4. The prohibition applies only to foreign cooperatives
  5. Only the cooperative’s chosen business name matters

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 3(b), 6–7, other illicit arrangements and effect of a finding.
  • https://www.scribd.com/document/768934000/Department-Order-No-174-Series-of-2017 — mirrored text of the issued DO 174-17, sections 3(b), 6–7.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/90581 — EO 51, s. 2018, sections 1–3.

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