Philippine Bar review · Question

Practice question: By Employers

Multiple Choice Medium Jurisprudence

Practice question

An employer pays a wage supplement only to employees who resign from the union and tells others they can receive it after withdrawing. Assume the discriminatory purpose is established. Which provision is directly implicated?
  1. A rule permitting every wage classification regardless of purpose.
  2. A requirement that unions approve every promotion.
  3. A prohibition limited to physical assaults.
  4. The prohibition on discrimination in employment terms to encourage or discourage union membership.
  5. A rule requiring all workers to receive identical wages regardless of job.

Legal references

  • Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 259, 262-263 and 274.
  • Adamson University Faculty and Employees Union v Adamson University, G.R. No. 227070, March 9, 2020, ULP proof and organizing nexus: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/66229
  • Philippine Airlines v Dawal, G.R. Nos. 173921 and 173952, February 24, 2016, gross economic CBA violations: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html

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