Philippine Bar review · Question

Practice question: Permissible Contracting or Subcontracting; Non-Coverage

Multiple Choice Medium

Practice question

A contractor meets the capital threshold but its service agreement excludes statutory employee benefits. Does capital cure that defect under Section8?
  1. No; the agreement must ensure labor rights and benefits
  2. Yes; financial size displaces employee rights
  3. Yes; benefits are optional for capitalized contractors
  4. Yes; only the principal’s profits matter
  5. Yes; an exclusion is valid whenever written

Legal references

  • DOLE Department Order174-2017: https://www.ble.dole.gov.ph/wp-content/uploads/2023/02/DO-174-17-Rules-Implementing-Articles-106-to-109-of-the-Labor-Code-As-Amended1.pdf Sections6 and8, permissible contracting and prohibited practices.

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