Philippine Bar review · Question

Practice question: Service Incentive Leave

Multiple Choice Medium

Practice question

A commissioned bus driver follows dispatch times, undergoes route inspections and has actual hours reasonably ascertainable. No other SIL exclusion applies and the service condition is met. Does travel away from the office alone make the driver exempt field personnel?
  1. Yes, only desk workers receive SIL
  2. Yes, every mobile job is excluded
  3. Yes, commission alone settles the issue
  4. No
  5. Yes, scheduled dispatch proves complete absence of supervision

Legal references

  • Labor Code, Articles 95, 113-115 and 123-124: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Omnibus Rules Implementing the Labor Code, Book III, Rule V and Rule VIII, Section 14: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html
  • Auto Bus Transport Systems, Inc. v. Bautista, G.R. No. 156367, May 16, 2005, MAIN decision: https://lawphil.net/judjuris/juri2005/may2005/gr_156367_2005.html

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