Philippine Bar review · Question

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

Essay Medium

Practice question

An employer illegally excludes a willing and able employee from work and later argues that the employee cannot recover legally awarded backwages because no services were rendered. Assess the argument.

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.

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