Philippine Bar review · Question

Practice question: Retaliatory Measures

Multiple Choice Hard

Practice question

A contractor admits withholding an existing earned benefit because an employee filed a covered wage proceeding, but argues that it later won the wage case and therefore may keep the benefit as reimbursement for annoyance. What follows under Article 118?
  1. Winning permits any private forfeiture
  2. The admitted retaliatory reason is not cured merely by success in the wage dispute
  3. Annoyance automatically creates a debt equal to the benefit
  4. The employee loses all earned benefits by litigating
  5. The contractor may rewrite every wage obligation retrospectively

Legal references

  • Labor Code, Articles 118 and 295 (formerly 280): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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