Philippine Bar review · Question

Practice question: Holiday Pay

Multiple Choice Hard

Practice question

A covered establishment pauses operations solely for a short scheduled machinery-cleaning shutdown. An eligible regular holiday falls within it; no other disqualification applies. Employer invokes the pause alone to deny holiday pay. Which is sound?
  1. The temporary-shutdown holiday rule must be applied; the pause alone does not establish the claimed forfeiture.
  2. Every temporary pause abolishes regular holidays.
  3. Only permanently closed firms can have holidays.
  4. Cleaning transforms the holiday into unpaid leave automatically.
  5. No-work-no-pay always overrides Article 94.

Legal references

  • Labor Code Articles 84, 94 and 97(f): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • DOLE-BWC 2024 Handbook on Workers’ Statutory Monetary Benefits, relevant service charge, holiday pay and thirteenth-month sections: https://nwpc.dole.gov.ph/wp-content/uploads/2024/11/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf

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