Philippine Bar review · Question

Practice question: Retaliatory Measures

Multiple Choice Hard Jurisprudence

Practice question

A principal instructs a contractor to remove two assigned workers because they testified in a labor-standards proceeding. The principal’s email identifies the testimony as the sole reason. The contractor implements the removal as a dismissal and argues that the principal gave the order, while the principal argues that only the contractor is the formal employer. Which assessment is best under section 27?
  1. Both are exempt because each can point to the other
  2. Only the workers may be penalized for giving testimony
  3. The stated retaliatory acts are prohibited, and the provision expressly reaches both principal and contractor
  4. The conduct becomes lawful if no written dismissal notice is issued
  5. The conduct is lawful unless the workers are union officers

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 10(e), 23–24, and 27, organizing rights, cancellation due process, and retaliatory measures.
  • https://www.scribd.com/document/768934000/Department-Order-No-174-Series-of-2017 — mirrored issued DO 174-17 text, sections 10, 23–24, and 27.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/90581 — EO 51, s. 2018, section 2, protection against contracting that circumvents organizing and other protected rights.
  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Article 118, retaliatory measures.

Answer this question in flashcards to review your response and continue practicing.