Practice question
An employer demands final conclusive proof of illegality before the Secretary may consider suspension under Article 292(b), despite the appropriate pending-dispute official’s required prima facie finding. Which is best?
- Do not replace the specified prima facie interim threshold with a final-merits requirement.
- The interim mechanism is necessarily unavailable until final resolution.
- Prima facie always means a final unappealable judgment.
- The provision exists only after execution is complete.
- Only the employer may make the statutory finding.
Legal references
- Labor Code, as amended, Articles 233 [227], 239 [233] and 292(b) [277(b)]: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- EO 51, May 1, 2018, Sections 2-4: https://lawphil.net/executive/execord/eo2018/eo_51_2018.html
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