Question A.5, 2019 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

A.5.

(Question A.5, Labor Law, 2019 Bar Exam)

Ms. F, a sales assistant, is one of the eight (8) workers regularly employed by ABC Convenience Store. She was required to report on December 25 and 30.

Should ABC Convenience Store pay her holiday pay? Explain. (2.5%)

Suggested Answer:

No. Answer

Under the Omnibus Rules Implementing the Labor Code, employees of retail and service establishments regularly employing less than ten (10) workers, are not covered by the holiday pay rules. Rule

In the case at bar, Ms. F is not entitled to holiday. She works at ABC Convenience Store which regularly employs eight (8) workers. Apply

Thus, ABC Convenience Store is not required to pay her holiday pay. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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