Philippine Bar review · Question

Practice question: Strike, Picketing, and Lockout

Multiple Choice Hard

Practice question

A rank-and-file worker merely participates in a lawful strike and commits no illegal act. The employer dismisses the worker solely because it hired a replacement during the strike. What express protection is relevant?
  1. Hiring a replacement automatically extinguishes tenure
  2. Mere participation in a lawful strike is not sufficient dismissal ground even if a replacement was hired
  3. Every lawful striker permanently loses employment
  4. All strike participation is a just cause
  5. Only the replacement’s preference matters

Legal references

  • Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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