Practice question
An employer deliberately and openly refuses to pay an undisputed negotiated wage increase, and the evidence establishes a flagrant and malicious refusal to comply with the CBA’s economic provision. It argues that every CBA violation was removed from ULP coverage. Which is correct?
- The gross-economic-violation exception remains applicable on the proved facts
- All CBA violations are immune from ULP classification
- Only non-economic provisions can support the exception
- A written CBA always prevents any ULP
- An employer’s refusal automatically repeals the wage clause
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
- Philippine Airlines v. Dawal, GR Nos. 173921 and 173952, February 24, 2016, main decision, gross economic CBA violations and dismissal proof: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
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