Philippine Bar review · Question

Practice question: Wage Distortion

Multiple Choice Hard

Practice question

A wage order eliminates a long-established skill differential between two groups. The union demands correction, while the employer refuses even to pay the new prescribed lower-grade rate until the differential is resolved. The union says distortion alone permits an immediate strike. Which is best?
  1. The prescribed increase must be applied while correction proceeds through the statutory mechanism; distortion alone does not supply the asserted automatic strike remedy
  2. Both sides’ positions are automatically correct
  3. The employer may freeze every wage indefinitely
  4. The union may disregard every dispute-resolution requirement
  5. The distortion invalidates the wage order itself in every case

Legal references

  • Labor Code, Article 124; National Federation of Labor v. NLRC, G.R. 103586, July 21, 1994: https://lawphil.net/judjuris/juri1994/jul1994/gr_103586_1994.html
  • Labor Code, Article 124, as amended by RA6727: https://lawphil.net/statutes/repacts/ra1989/ra_6727_1989.html

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