Philippine Bar review · Question

Practice question: Fair Treatment

Multiple Choice Medium

Practice question

An employer and telecommuters mutually agree to performance standards that are more appropriate to the remote location while complying with governing law and the program. Does section 8 absolutely forbid any such agreed difference?
  1. Yes, every performance detail must always be literally identical
  2. No, the revised rule permits mutually agreed different standards more appropriate to the location
  3. Yes, unless the employees surrender collective rights
  4. No, because employers may unilaterally impose any standard without limits
  5. Yes, because performance standards are prohibited for telecommuters

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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