Philippine Bar review · Question

Practice question: Rights of Contractor’s or Subcontractor’s Employees

Multiple Choice Hard

Practice question

A contractor argues that its regular employees cannot claim any retirement or social-security protections because those protections belong only to direct employees of a principal. Which is correct?
  1. Section 10 expressly recognizes applicable retirement and social-security or welfare benefits for contractor employees.
  2. All contractor workers are excluded from social protection.
  3. Only the principal’s owners may retire.
  4. A client contract cancels every retirement plan.
  5. No contractor can employ regular employees.

Legal references

  • DOLE Department Order 174 s.2017, issued text, Sections 5-14: https://palscon.org/public/assets/img/labor-laws-advisory/DO%20174-17%20Rules%20Implementing%20%20Articles%20106%20to%20109%20of%20the%20Labor%20Code,%20As%20Amended.pdf
  • Executive Order 51 s.2018 Sections 1-3: https://lawphil.net/executive/execord/eo2018/eo_51_2018.html

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