Law Dictionary

Question A.5, 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 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

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.

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