Practice question
A restaurant collects service charges and proposes to retain fifteen percent for management, distribute the balance only to permanent front-desk staff, and count each recipient’s share against a new minimum-wage increase. It relies on an old printed Article 96. Which correction is best?
- The old printed allocation overrides the later law
- Management can exclude all kitchen workers solely because customers do not see them
- Apply full distribution to covered nonmanagerial employees under the current rule and do not count the shares toward the increased minimum wage
- Every managerial employee must receive a statutory fifteen-percent reserve
- No current legal rule governs service charges
Legal references
- RA11360, Section 1; DO242-2024, Sections 2–5: https://lawphil.net/statutes/repacts/ra2019/ra_11360_2019.html
- DOLE DO242-2024, Sections 2–5: https://naro.law.upd.edu.ph/storage/01JWABFNVSG2YDB7B30BCY9PQB.pdf
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