Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

Two employees have the same title, but one receives documented additional compensation under a good-faith seniority and skill incentive system applicable on equal terms. No discrimination or contrary contractual rule is established. Does the title alone require equalizing their pay at the higher amount?
  1. Yes, the title alone overrides every reasonable incentive distinction
  2. No, justified seniority and skill factors may support the difference
  3. Yes, unless the junior employee signs a waiver
  4. No, because all salary differences are automatically valid
  5. Yes, because experience can never affect remuneration

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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