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Philippine Bar review · Question

Practice question: Reinstatement

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Practice question

An employer offers payroll reinstatement to comply with a Labor Arbiter's reinstatement order during appeal. The employee says the offer necessarily means permanent loss of seniority and that the employer must instead dismiss its appeal. Evaluate those assertions.

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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