Philippine Bar review · Question

Practice question: Rest Periods

Multiple Choice Medium

Practice question

A valid CBA provides a 50% premium for covered rest-day work, while the ordinary statutory minimum is 30%. No conflict with law exists. Which rate governs the stipulated work?
  1. The employer may choose any lower amount
  2. Only 30%, because every higher agreement is void
  3. No premium
  4. Only 10%
  5. The more favorable 50% premium

Legal references

  • Labor Code, Articles 82-93 and implementing Book III, Rule I, Sections 3-7: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Omnibus Rules Implementing the Labor Code, Book III, Rules I-III, hours, meals, night differential and weekly rest: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html

Answer this question in flashcards to review your response and continue practicing.