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Question III

2013 Bar · Labor Law · 5 sub-questions

III. Mr. Del Carmen, unsure if his foray into business (messengerial service catering purely to law firms) would succeed but intending to go long-term if he hurdles the first year, opted to open his operations with one-year contracts with two law firms although he also accepts messengerial service requests from other firms as their orders come. He started with one permanent secretary and six (6) messengers on a one-year, fixed-term, contract. Is the arrangement legal from the perspective of labor standards? (1%)
(a)(A) No, because the arrangement will circumvent worker's right to security of tenure.
(b)(B) No. If allowed, the arrangement will serve as starting point in weakening the security of tenure guarantee.
(c)(C) Yes, if the messengers are hired through a contractor.
(d)(D) Yes, because the business is temporary and the contracted undertaking is specific and time-bound.
(e)(E) No, because the fixed term provided is invalid.

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