Log In Create Account

Philippine Bar review · Question

Practice question: Rest Periods

Multiple Choice Hard

Practice question

The nature of a covered employee’s work is such that there are no regular workdays and no regular rest day can be scheduled. The employee works Sunday. The employer denies every premium solely because Sunday was not an established rest day. What exception matters?
  1. Sunday can never carry premium pay without a fixed rest day under any facts
  2. Rule III, Section 7(b) provides at least a 30% addition for Sunday work in that specified situation
  3. An irregular schedule eliminates every statutory protection
  4. The employee must always work free on Sunday
  5. Only managerial workers receive Sunday premiums

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.