Philippine Bar review · Question

Practice question: Service Incentive Leave

Multiple Choice Medium

Practice question

A covered employee has worked for a year in an establishment regularly employing exactly ten people. No other exemption or equivalent paid vacation applies. The employer claims the size exclusion alone. Which is correct?
  1. Exactly ten falls below ten
  2. The exclusion applies to every small business regardless of headcount
  3. The employee must reach five years first
  4. The headcount never matters
  5. The less-than-ten exclusion does not apply to exactly ten

Legal references

  • Labor Code, Article 95: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html

Answer this question in flashcards to review your response and continue practicing.