Question VI, Labor Law, 2017 Bar Exam

A.

One of Pacific Airline's policies was to hire only single applicants as flight attendants, and considered as automatically resigned the flight attendants at the moment they got married. Is the policy valid? Explain your answer. (2.5%)

B.

Tarcisio was employed as operations manager and received a monthly salary of ₱25,000.00 through his payroll account with DB Bank. He obtained a loan from Roberto to purchase a car. Tarcisio failed to pay Roberto when the loan fell due. Roberto sued to collect, and moved to garnish Tarcisio's payroll account. The latter vigorously objected and argued that salaries were exempt from garnishment. Is Tarcisio correct? Explain your answer. (3%)

Suggested Answer:

A. No. Answer

Under the Labor Code and the Magna Carta for Women, it is unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. In particular, it is unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. Rule

In the case at bar, the company’s policy to consider as automatically resigned flight attendants the moment they get married violates the provisio...

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