Philippine Bar review · Question

Practice question: Service Charge (RA 11360; DO 242, s. 2024)

Multiple Choice Medium

Practice question

A covered establishment has no service-charge grievance mechanism. Management says that absence makes the dispute incapable of referral for conciliation. Which is sound?
  1. Absence permanently extinguishes every claim.
  2. Only management may decide the dispute without review.
  3. The worker must first buy a share in the business.
  4. The law and rules provide referral to the appropriate DOLE office for conciliation when the mechanism is absent or inadequate.
  5. No alternative mechanism is contemplated.

Legal references

  • RA 11360 Sections 1-2 amending Labor Code Article 96: https://lawphil.net/statutes/repacts/ra2019/ra_11360_2019.html
  • DOLE Department Order 242 s.2024, Sections 1-2 and 6-7, signed registered issuance: https://naro.law.upd.edu.ph/storage/01JWABFNVSG2YDB7B30BCY9PQB.pdf

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