Law Dictionary

Question B.13, Labor Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question B.13, Labor Law, 2019 Bar Exam

Mr. A signed a one (1)-year contract with XYZ Recruitment Co. for deployment as welding supervisor for DEF, Inc. located in Dubai. The employment contract, which the Philippine Overseas Employment Administration (POEA) approved, stipulated a salary of US$600.00 a month.

Mr. A had only been in his job in Dubai for six (6) months when DEF, Inc. announced that it was suffering from severe financial losses and thus intended to retrench some of its workers, among them Mr. A. DEF, Inc. hinted, however, that employees who would accept a lower salary could be retained.

Together with some other Filipino workers, Mr. A agreed to a reduced salary of US$400.00 a month and thus, continued with his employment.

(a) Was the reduction of Mr. A’s salary valid? Explain. (2.5%)

(b) Assuming that the reduction was invalid, may Mr. A hold XYZ recruitment Co. liable for underpayment of wages? Explain. (2.5%)

Suggested Answer:

(a) No. Answer

Under the 1987 Constitution and R.A. 8042, the State shall afford full protection to labor, including overseas employment. To add, the Labor Code prohibits reduction of wages via the non-diminution of benefits rule. Rule

In the case at bar, Philippine labor law applies to Mr. A even if he work in Dubai. Since the non-diminution of benefits prohibits reduction of wages, his salary should not have been deducted. Apply

Thus, the reduction of Mr. A’s salary was not valid.

(b) Yes. Answer

Under the implementing rules and regulations of R.A. 8042, the liability of the principal/employer and the recruitment/placement agency for any and all claims under this section shall be joint and several. Rule

In the case at bar, XYZ Recruitment is the local agent of DEF, Inc. As an agent, XYZ Recruitment Co. hired Mr. A to work for DEF, Inc. Based on the cited provision, XYZ Recruitment Co. is solidarily liable with the foreign employer for the underpayment of wages of Mr. A. Apply

Thus, Mr. A. may hold XYZ Recruitment Co. liable for underpayment of wages. Conclusion

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Suggested Answers

Question XI, Labor Law, 2017 Bar Exam

The modes of determining the exclusive bargaining agent of the employees in a business are: (a) voluntary recognition; (b) certification election; and (c) consent election.

Question B.16, Political Law, 2019 Bar Exam

Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (a) The authority to keep the general accounts of the Government and for such period

Question XII, Political Law, 2017 Bar Exam

The Congress establishes by law Philippine Funds, Inc., a private corporation, to receive foreign donations coming from abroad during national and local calamities and disasters,

Question I, Civil Law, 2017 Bar Exam

State whether the following marital unions are valid, void, or voidable, and give the corresponding justifications for your answer: (a) Ador and Becky’s marriage wherein

Question X, Civil Law, 2018 Bar Exam

Sinclair and Steffi had an illicit relationship while Sinclair was married to another. The relationship produced a daughter Sabina, who grew up with her mother.

Top Read

Mutiny, Revised Penal Code

1. Concept Article 122. Piracy in general and mutiny on the high seas. – The penalty of reclusion temporal shall be inflicted upon any person

Video Lessons

Legal Maxims

suum jus summa injuria

Latin maxim. • “the abuse of a right is the greatest possible wrong” (Gonzales v. Philippine Commercial Bank and International Bank, G.R. No. 180257, February

noscitur a sociis

Latin maxim. • “where a particular word or phrase is ambiguous in itself or is equally susceptible of various meanings, its correct construction may be

index animi sermo

Latin maxim. • “speech is the index of intention” (Bolos v. Bolos, G.R. No. 186400, October 20, 2010)

Read more


You cannot copy content of this page