Practice question
An employer files an appeal and posts the proper appeal bond, but does not comply with the reinstatement aspect. It argues that the bond stays everything. Which is correct?
- The bond automatically stays reinstatement
- Reinstatement must await the appeal’s final outcome
- The employee must post a counterbond before reporting
- The bond does not stay reinstatement pending appeal
- The Labor Arbiter loses all power to enforce reinstatement upon appeal
Legal references
- https://nlrc.dole.gov.ph/uploads/content/The%202025%20NLRC%20Rules%20of%20Procedure.pdf — 2025 NLRC Rules, Rule V section19 and Rule XI sections4–5,13–14; printed pages 15,35,37–38: immediate reinstatement, report, enforcement and stays.
- https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715 section12, Labor Code Article 223 now229: immediate reinstatement pending appeal, employer option and bond does not stay reinstatement.
Answer this question in flashcards to review your response and continue practicing.