Practice question
A judgment orders the ordinary Article 294 reinstatement remedy. The employer proposes rehiring the worker as a new probationary employee with no prior seniority solely because reinstatement was contested. Does that implement the stated remedy?
- Yes, the employer may erase all prior privileges automatically
- Yes, reinstatement always means a fresh hire
- Yes, litigation forfeits all seniority
- Yes, only the replacement may retain tenure
- No
Legal references
- Labor Code, Articles 259-260, 278-279 and 294 (formerly 248-249, 263-264 and 279), as applicable: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Philippine Airlines v. Dawal, GR Nos. 173921 and 173952, February 24, 2016, main decision, gross economic CBA violations and dismissal proof: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
- DOLE Department Order 147-15, Rule I-A, Sections 1-3 and 5.2, as applicable: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/71535
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