Practice question
Employees file individual dismissal complaints and insist that filing alone automatically suspends every termination under Article 292(b), without the specified official finding or exercise of the power. Which is correct?
- Every complaint automatically has that effect.
- The employees may issue the Secretary’s order themselves.
- The employer’s insurer decides whether suspension applies.
- Filing alone does not replace the statutory predicates and exercise of the Secretary’s suspension power.
- Dismissal complaints are prohibited whenever suspension is sought.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Article 292(b).
- Executive Order No. 51, May 1, 2018, Section 4: https://lawphil.net/executive/execord/eo2018/eo_51_2018.html
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