Philippine Bar review · Question

Practice question: No Work, No Pay; Fair Day’s Wage for a Fair Day’s Work

Multiple Choice Medium

Practice question

A worker is independently detained and unable to work; no employer wrongdoing causing that inability or other paid entitlement is established. Is later release alone proof that ordinary wages were earned throughout detention?
  1. Yes; release retrospectively proves actual work.
  2. Yes; detention is always paid leave.
  3. Only if the worker later changes employers.
  4. No.
  5. No; therefore all later illegal exclusion is immune.

Legal references

  • Aklan Electric Cooperative v. NLRC, G.R. No. 121439, January 25, 2000, main decision: https://lawphil.net/judjuris/juri2000/jan2000/gr_121439_2000.html
  • Protective Maximum Security Agency v. Fuentes, G.R. No. 169303, February 11, 2015, main decision: https://lawphil.net/judjuris/juri2015/feb2015/gr_169303_2015.html
  • Labor Code Articles 84, 94 and 97(f): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

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