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Philippine Bar review · Question

Practice question: Women in Night Clubs and Similar Establishments

Multiple Choice Hard

Practice question

A lounge requires a woman to attend scheduled shifts, follow supervisory instructions and perform assigned customer-service tasks for the substantial period required by the rule. It records her as a promotional guest and argues that relying on customer tips rather than a fixed salary places her outside labor and social legislation. Which is best?
  1. Apply Article 136’s actual conditions; tips and the promotional label do not alone defeat classification
  2. The guest entry conclusively overrides all facts
  3. A fixed salary is an indispensable condition despite the statute’s wording
  4. All nightclub workers are outside social legislation
  5. Customer gratuities automatically establish ownership of the business

Legal references

  • Labor Code, Article 136 [138]: https://dole.gov.ph/book-3-conditions-of-employment/

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