Philippine Bar review · Question

Practice question: Productivity Standards

Multiple Choice Medium

Practice question

A firm calls a quota a time-and-motion standard but has no reliable showing that employees can meet it with the available machines and required quality. Does the label alone establish a valid dismissal basis?
  1. Yes, the label is conclusive
  2. No, the employer must substantiate the standard and its good-faith application
  3. Yes, if the word scientific appears twice
  4. Yes, unless the worker owns a machine
  5. No, because time-and-motion studies can never be relevant

Legal references

  • https://lawphil.net/judjuris/juri2020/jun2020/gr_222289_2020.html — East Cam Tech Corporation v. Fernandez, GR 222289, June 8, 2020, main decision; attainable quotas and good faith.
  • https://lawphil.net/judjuris/juri2012/apr2012/gr_185829_2012.html — Aliling v. Feliciano, GR 185829, April 25, 2012, main decision; productivity standards and employer’s burden.

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