Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A worker is released from detention on March 1, but only an April 1 attempt to return and an unlawful employer refusal are established. No work, readiness-based earlier illegal exclusion or other paid entitlement is proved for March. May the criminal release date alone establish the entire March wage claim?
  1. No; the actual compensable or unlawful-exclusion basis and its date must be established.
  2. Release automatically proves every March day was worked.
  3. An acquittal always fixes all wage periods.
  4. The employer may deny every later backwage award as well.
  5. Dates never matter to wage computation.

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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