Philippine Bar review · Question

Practice question: Clearance Procedures

Multiple Choice Hard

Practice question

A company acknowledges that a resigned employee has cleared every actual accountability. It promises final pay only after ninety days under a new internal rule, despite a binding agreement requiring release within ten days. It invokes management prerogative and Milan as complete defenses. Which is best?
  1. Any later internal rule overrides an agreement
  2. The more favorable ten-day agreement governs; no outstanding accountability supports the asserted clearance defense
  3. Milan abolished all agreed release periods
  4. Final pay is discretionary after resignation
  5. The employee must wait indefinitely for a board resolution

Legal references

  • Labor Advisory06-2020, more favorable policy or agreement qualification: https://dole.gov.ph/news/final-pay-coe-must-be-released-on-time-dole/

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