2013 (Labor Law) Bar Exam Questions: Multiple Choice Question 11

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XI. The members of the administrative staff of Zeta, a construction company, enjoy ten (10) days of vacation leave with pay and ten (10) days of sick leave with pay, annually. The workers’ union, Bukluran, demands that Zeta grant its workers service incentive leave of five (5) days in compliance with the Labor Code.

Is the union demand meritorious? (1%)

(A) Yes, because non-compliance with the law will result in the diminution of employee benefits.

(B) Yes, because service incentive leave is a benefit expressly provided under and required by the Labor Code.

(C) No, because Zeta already complies with the law.

(D) No, because service incentive leave is a Labor Code benefit that doe not apply in the construction industry.

(E) Yes, because the Labor Code benefits are separate from those voluntarily granted by the company.

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