Practice question
A company offers remote work on condition that covered employees waive statutory overtime, accept leave below the legal minimum, and surrender existing higher CBA benefits. Employees sign because they want remote work. Which is the best assessment?
- Every term is valid because the program is voluntary
- The signatures cannot validate terms below minimum standards or the prohibited diminution of applicable existing terms
- The company may waive only overtime but not leave
- A remote-work policy automatically overrides every CBA
- The arrangement eliminates the employment relationship entirely
Legal references
- https://lawphil.net/statutes/repacts/ra2018/ra_11165_2018.html — RA 11165, sections 4, 6–7, voluntary program, written information, data protection, and administration.
- 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 4–6 and 9–11, minimum standards, program content, administration, records, and notification.
- https://www.scribd.com/document/606610904/DO-237-22 — mirrored issued DO 237-22 text, sections 4–6 and 9–11.
Answer this question in flashcards to review your response and continue practicing.