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Philippine Bar review · Question

Practice question: Reinstatement

Multiple Choice Easy

Practice question

Under Article 294, the ordinary reinstatement remedy for an unjustly dismissed regular employee preserves which rights?
  1. Only a new applicant's chance to compete.
  2. Only the employer's preferred hiring date.
  3. Only the job title, with all prior service erased.
  4. Seniority rights and other privileges.
  5. Only benefits earned after an entirely new hiring.

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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