Philippine Bar review · Question

Practice question: Unilateral Termination

Multiple Choice Medium

Practice question

A worker gives proper written one-month notice without a statutory just cause. The employer says the worker must stay indefinitely because it has not recruited a replacement. What does the statutory notice framework support?
  1. Cancellation of the notice by silence forever
  2. An indefinite employer veto in every case
  3. Automatic compulsory service until a replacement agrees
  4. The right to terminate after the prescribed notice, without an indefinite replacement condition
  5. A requirement to recruit ten replacements

Legal references

  • Labor Code, Article 300 (formerly 285), employee termination: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • BMG Records v. Aparecio, GR 153290, September 5, 2007, main decision: https://lawphil.net/judjuris/juri2007/sep2007/gr_153290_2007.html

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