Practice question
A worker is scheduled to testify in another worker’s wage proceeding. Before testimony occurs, the contractor threatens and then withdraws an existing benefit solely to punish that participation. Is the worker excluded because testimony has not yet been given?
- Yes, protection starts only after cross-examination
- No, section 27 expressly includes a worker who is about to testify
- Yes, unless the witness is also a complainant
- Yes, because witnesses can never be workers
- No, but only after the complainant wins
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.
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