Philippine Bar review · Question

Practice question: Fair Treatment

Multiple Choice Hard

Practice question

A company ends every meeting invitation and blocks access to workers’ representatives for telecommuters solely because they are offsite. It says the fair-treatment rule requires no effort to connect them with colleagues. Which corrective approach best follows section 8?
  1. Preserve the blanket exclusions because remote workers have no workplace community
  2. Retain collective communication rights and take reasonably possible measures for regular colleague contact, physically or through telecommunications, with access to premises and information when practicable
  3. Require unrestricted physical entry to every company area at any time
  4. Treat one annual public advertisement as a substitute for every collective right
  5. Require the employees to abandon telecommuting before they may communicate with anyone

Legal references

  • https://lawphil.net/statutes/repacts/ra2018/ra_11165_2018.html — RA 11165, section 5, fair treatment and collective participation.
  • https://www.dole.gov.ph/php_assets/uploads/2022/09/DO-237-22-Revised-Implementing-Rules-and-Regulations-of-RA-No.-11165-Otherwise-Known-as-The-Telecommuting-Act.pdf — DO 237-22, sections 4 and 8, comparable treatment, pay, rest, training, performance, and isolation safeguards.
  • https://www.scribd.com/document/606610904/DO-237-22 — mirrored issued DO 237-22 text, sections 4 and 8.

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