Philippine Bar review · Question

Practice question: Retaliatory Measures

Multiple Choice Hard

Practice question

After a wage complaint, a contractor disciplines an employee for a distinct serious safety violation. The facts establish a lawful, proportionate process and reason wholly unrelated to the complaint. The employee argues the earlier complaint alone makes every later disciplinary measure retaliatory. What is the sound analysis?
  1. The protected activity does not conclusively establish that unrelated lawful discipline is retaliation
  2. Every later management action is prohibited automatically
  3. A complaint erases every safety duty
  4. The employer can never prove a separate reason
  5. Any worker who files a complaint becomes immune from all rules

Legal references

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

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