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Service Incentive

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10 views1 page

Service Incentive

Notes

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Law School
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IX. Service Incentive Leave Reference: Art.

95; Omnibus Rules Book III, Rule V

1. Coverage – Arts. 95 (a) (b); Book III, Rule V, Sec. 1


ART. 95. Right to service incentive leave. -
(a) Every employee who has rendered at least one year of service shall be
entitled to a yearly service incentive leave of five days with pay.
Rendered at least 1 yr = Service Incentive Leave 5 days w/
pay

b) This provision shall not apply to those who are already enjoying the
benefit herein provided, those enjoying vacation leave with pay of at least
five days and those employed in establishments regularly employing less than
ten employees or in establishments exempted from granting this benefit by
the Secretary of Labor and Employment after considering the viability or
financial condition of such establishment.

2. Requirements – Art. 95 (a); Book III, Rule V. Secs. 2, 3


a. meaning of “at least one year of service” – Book III, Rule V, Sec. 3

SECTION 3. Definition of certain terms. — The term “at least


one-year service” shall mean service for not less than 12 months, whether
continuous or broken reckoned from the date the employee started working,
including authorized absences and paid regular holidays unless the working
days in the establishment as a matter of practice or policy, or that provided
in the employment contract is less than 12 months, in which case said period
shall be considered as one year.

b. Treatment of Benefits – Book III, rule V, Sec. 5

SECTION 5. Treatment of benefit. — The service incentive leave


shall be commutable to its money equivalent if not used or exhausted at the
end of the year.

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