Philippine Bar review · Question

Practice question: Permissible Contracting or Subcontracting; Non-Coverage

Multiple Choice Hard

Practice question

A contractor otherwise satisfies Section8 but requires employees, as an employment condition, to waive future wage claims against the contractor and principal. Is that condition permissible?
  1. No; Section6 prohibits waivers of future claims of this kind
  2. Yes; capital converts future wages into gifts
  3. Yes; every written waiver defeats labor standards
  4. Yes; independent business status removes employee protection
  5. Yes; the principal’s consent alone validates the condition

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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