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Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

For a distribution period, the only covered employees are Ana and Ben. Ana renders eighty actual hours and Ben forty; no other allocation issue or more favorable benefit applies. The establishment distributes the entire collection using the same amount per actual hour. Ben argues that completely and equally necessarily means identical totals despite different hours. Which is correct?
  1. The employer must always retain half
  2. Every employee must receive a managerial percentage first
  3. The order forbids considering actual work
  4. A common per-hour allocation accords with Section 3’s actual-hours basis, so different hours can yield different totals
  5. The collection may all be withheld because the hours differ

Legal references

  • DOLE DO242-2024, Section 3: https://naro.law.upd.edu.ph/storage/01JWABFNVSG2YDB7B30BCY9PQB.pdf

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