Practice question
Workers rely only on a private HR consultant’s memo as the statutory prima facie finding, although no appropriate DOLE official before whom the dispute is pending has made it. They claim the memo alone satisfies that institutional requirement. Which is correct?
- Any private adviser automatically becomes the required DOLE official.
- The private memo does not replace the official finding specified in Article 292(b).
- The identity and role of the finding-maker never matter.
- A company memo itself exercises the Secretary’s power.
- The statute authorizes HR to issue every suspension order.
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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