Philippine Bar review · Question

Practice question: Age (RA 10911, Secs. 4–6; DO 170, s. 2017)

Multiple Choice Hard

Practice question

Two plans are challenged under RA10911. Plan X is a bona fide seniority system not designed to evade the Act. Plan Y forces selected older employees to retire under a newly invented arrangement inconsistent with applicable retirement law. The employer insists that every plan labeled seniority or retirement is exempt. Which is correct?
  1. Both are automatically exempt because of their labels
  2. Neither could ever qualify for any exception
  3. All older employees must accept Plan Y
  4. Plan X may fall within the stated seniority exception, while Plan Y cannot qualify merely by its label and must satisfy the statutory retirement-plan conditions
  5. The Act concerns hiring only and never retirement

Legal references

  • RA10911, Sections5(a)(6)–(7) and6(b)–(c): https://lawphil.net/statutes/repacts/ra2016/ra_10911_2016.html

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