Practice question
A worker is ready, willing, and able to work but is illegally dismissed. A final ruling orders the appropriate backwages. The employer argues that no work was actually performed during exclusion and invokes no work, no pay to defeat the award. Which response is correct?
- The employer’s argument always defeats backwages
- The employer cannot use its illegal prevention of work to nullify the legally ordered backwage relief
- Backwages are payable only if the worker secretly enters the premises to work
- The worker must waive reinstatement before the principle can be considered
- An employer’s unlawful dismissal permanently erases the employment relationship and every remedy
Legal references
- https://lawphil.net/judjuris/juri2000/jan2000/gr_121439_2000.html — Aklan Electric Cooperative Inc. v. NLRC, GR 121439, January 25, 2000, main decision; fair day’s wage and work actually performed.
- https://lawphil.net/judjuris/juri2015/feb2015/gr_169303_2015.html — Protective Maximum Security Agency, Inc. v. Fuentes, GR 169303, February 11, 2015, main decision; no-work-no-pay rule and unlawful prevention qualification.
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 84, 94–95, compensable time and qualified paid benefits.
- https://nwpc.dole.gov.ph/wp-content/uploads/2024/11/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf — DOLE-BWC 2024 Handbook, holiday and paid-leave rules.
Answer this question in flashcards to review your response and continue practicing.