Practice question
An employee is found unjustly dismissed and is ordered actually reinstated under the ordinary statutory remedy. The employer says full backwages cover only the dismissal day and must exclude all allowances by definition. What statutory description contradicts that position?
- Only one day’s basic pay is ever recoverable
- Full backwages inclusive of allowances and benefits or their monetary equivalent, computed through actual reinstatement under the stated remedy
- Allowances are always excluded by the statute
- Reinstatement cancels every wage remedy
- Backwages are paid only to replacement workers
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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