Philippine Bar review · Question

Practice question: Permissible Contracting or Subcontracting; Non-Coverage

Multiple Choice Hard

Practice question

A well-capitalized contractor insists that every new recruit sign an antedated resignation before starting. Its client argues that independent business operations make the condition permissible. Which analysis is correct?
  1. The prohibited resignation requirement is not cured by capital or independence
  2. Capital automatically validates every recruitment condition
  3. An antedated resignation necessarily proves voluntary future departure
  4. The client can authorize waiver of Section6
  5. A registered contractor is immune from prohibited-practice rules

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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