Practice question
An employer admits dismissing several regular workers and invokes redundancy arising from a genuine restructuring rather than employee fault. It argues that the absence of worker misconduct makes all statutory termination requirements irrelevant. The workers argue that every lawful employer dismissal necessarily requires worker misconduct. Which is best?
- Both are correct.
- Both are wrong: redundancy is a possible authorized cause, but its legal requisites and applicable procedure remain necessary.
- Only the employer is correct because business decisions are unreviewable.
- Only the workers are correct because authorized causes do not exist.
- The dispute is resolved solely by the name of the restructuring project.
Legal references
- https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Articles 293–294 [278–279] and 296–299 [281–284].
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/27/69531 — C.P. Reyes Hospital v. Barbosa, G.R.228357, April16 2024 main opinion, security of tenure and substantive/procedural requirements.
Answer this question in flashcards to review your response and continue practicing.