Philippine Bar review · Question

Practice question: Non-diminution of Benefits

Multiple Choice Hard

Practice question

An employer proves that payments on different occasions addressed distinct objectives and varied substantially. Employees assert non-diminution but do not prove the uniform practice they claim. Which proposition from Maternal matters?
  1. The employee must clearly establish the company practice invoked
  2. Every prior gratuity is necessarily a vested fixed allowance
  3. The doctrine forbids examining the purpose of payment
  4. Non-diminution makes every allegation self-proving
  5. The employer must pay all historical grants forever without conditions

Legal references

  • Maternal v Coca-Cola GR218010 February6,2023 MAIN, company-practice burden and varying bonuses: https://lawphil.net/judjuris/juri2023/feb2023/gr_218010_2023.html

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