Philippine Bar review · Question

Practice question: Fair Treatment

Multiple Choice Medium

Practice question

Comparable onsite employees receive free access to the employer’s career-development training. The employer excludes otherwise comparable telecommuters solely because they work remotely. Which is the correct response?
  1. The exclusion is automatically lawful because the trainees are offsite
  2. The exclusion conflicts with the equal-access fair-treatment rule
  3. Telecommuters may attend only if they waive overtime
  4. The employer has no obligations concerning career-development access
  5. The exclusion becomes lawful if called a connectivity policy regardless of facts

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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