Practice question
A Labor Arbiter orders reinstatement. The employer timely appeals and offers to comply through payroll reinstatement. The employee insists that actual readmission is the only lawful interim method and that payroll compliance is always invalid. Which is correct under Article 229?
- The employer may lawfully choose payroll reinstatement under the provision while the appeal is pending.
- Neither form of reinstatement may occur during appeal.
- The employee may require the employer to abandon every appeal.
- Payroll reinstatement is a disciplinary suspension without pay.
- The appeal extinguishes the entire employment relationship regardless of the order.
Legal references
- https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Articles 229 [223] and 294 [279].
- https://lawphil.net/judjuris/juri2021/aug2021/gr_235358_2021.html — Padsing v. Lepanto Consolidated Mining Co., G.R.235358, August4 2021, main opinion on reinstatement and proved strained relations.
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