Practice question
A private employer deliberately grants a lawful benefit consistently over several years, and the evidence establishes that it ripened into company practice. To stop it, the employer merely calls the payments a mistake and offers no adequate supporting proof. Which analysis follows from Arco Metal?
- Merely using the word 'mistake' conclusively defeats every established practice.
- Every alleged error must be accepted without evidence.
- The unsupported mistake claim does not by itself overcome the established protected practice.
- Every payment error is necessarily protected forever.
- Only one person's preferred description determines the result.
Legal references
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Article 100.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/45241 — Arco Metal Products Co., Inc. v. SAMARM-NAFLU, GR 170734, May 14, 2008, main decision.
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