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?
- No; the actual compensable or unlawful-exclusion basis and its date must be established.
- Release automatically proves every March day was worked.
- An acquittal always fixes all wage periods.
- The employer may deny every later backwage award as well.
- 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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