Philippine Bar review · Question

Practice question: Upskilling

Multiple Choice Medium Jurisprudence

Practice question

A covered employee in an upskilling program performs qualifying overtime and night work. The employer denies both premiums solely because the worker is now a trainee. What follows?
  1. The label alone eliminates all premiums.
  2. Applicable overtime and night-shift entitlements remain protected by Section 13(c).
  3. Night work can never occur in any EBET program.
  4. Only the enterprise's customers may claim premiums.
  5. Any training certificate replaces cash compensation.

Legal references

  • RA 12063 EBET Framework Act, specified sections: https://lawphil.net/statutes/repacts/ra 2024/ra_12063_2024.html — Sections 4(i),6,9,12–13,22.
  • RA 12063 Implementing Rules and Regulations, February 28 2025: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/99251 — Rule V Section 3.

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