Philippine Bar review · Question

Practice question: Holiday Pay

Multiple Choice Hard

Practice question

Two valid regular holidays occur successively. A covered employee was absent without pay on the workday before the first holiday, but actually works on the first holiday and does not work on the second. No other disqualification exists. The employer denies all pay for both days solely because of the preceding unpaid absence. Which analysis is correct?
  1. The employer is necessarily correct for both days
  2. The first day’s actual holiday work must be paid at the applicable rate, and working on the first holiday establishes entitlement to holiday pay for the second under the successive-holiday rule
  3. The employee receives no pay for work actually performed
  4. The employee is entitled only if both holidays fall in the same month
  5. The employee must work both holidays to receive any compensation

Legal references

  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Article 94, holiday pay.
  • https://nwpc.dole.gov.ph/wp-content/uploads/2024/11/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf — DOLE-BWC 2024 Handbook, printed pages 17–19 and 22–23, holiday eligibility, successive holidays, and holiday/rest-day rates; no dated holiday calendar used.

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