Philippine Bar review · Question

Practice question: Equal Pay for Equal Work; Equal Pay for Work of Equal Value

Multiple Choice Hard

Practice question

A school pays foreign-hired teachers a 25% higher basic salary than locally hired teachers. The teachers have substantially equal qualifications, skill, effort, and responsibility under similar teaching conditions. The school offers only a general desire to attract foreign applicants and no evidence of superior work value. Which analysis best follows ISAE?
  1. Foreign-hire status alone conclusively validates the basic-salary difference
  2. The school’s asserted reason does not establish a sufficient justification for unequal basic pay on the stated comparable work
  3. All relocation or housing assistance to foreign hires is automatically unlawful in every case
  4. The local teachers must prove they teach 25% more classes before equality can be considered
  5. A private school is entirely exempt from equal-pay principles

Legal references

  • https://lawphil.net/judjuris/juri2000/jun2000/gr_128845_2000.html — International School Alliance of Educators v. Quisumbing, GR 128845, June 1, 2000, main decision.
  • https://lawphil.net/judjuris/juri2022/nov2022/gr_245918_2022.html — Mindanao International Container Terminal Services, Inc. v. MICTSILU-FDLO, GR 245918, November 29, 2022, main decision; reasonable pay distinctions and employer justification.
  • https://lawphil.net/statutes/repacts/ra1989/ra_6725_1989.html — RA 6725 section 1, prohibition on sex-based lesser compensation for work of equal value.

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