Philippine Bar review · Question

Practice question: Holiday Pay

Multiple Choice Hard

Practice question

A covered piece-rate worker’s last seven actual workdays total PHP 6,300. Some were separated by rest days. Employer divides by additional calendar days to reduce the average below PHP 900. All eligibility conditions hold. Which is correct?
  1. Add every intervening rest day to the denominator automatically.
  2. Use the seven actual workdays, yielding PHP 900 before comparison with the minimum floor.
  3. Use the lowest day only.
  4. Ignore all actual earnings.
  5. Piece-rate pay excludes holiday entitlement categorically.

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

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