Philippine Bar review · Question

Practice question: Power to Suspend Effects of Termination (EO 51, s. 2018)

Multiple Choice Medium

Practice question

The appropriate DOLE official before whom a dispute is pending makes the required prima facie mass-layoff finding. The employer objects solely that no separate serious-labor-dispute finding was also made. Which is best?
  1. The word “or” must always be read as “and.”
  2. A mass layoff can never be relevant.
  3. Only a final criminal judgment can matter.
  4. The objection incorrectly treats the alternative statutory circumstances as cumulative.
  5. The employer may delete the statutory alternative.

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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