Scribd
Upload
33 views1 page

It Depends

The Labor Code's Implementing Rules state that service incentive leave does not apply to field personnel and employees with unsupervised performance. The Supreme Court defines field personnel as those whose work hours cannot be accurately determined. If GBIC can demonstrate that Angelica Gundran's work hours are indeterminate, she may not be entitled to service incentive leave; otherwise, she is entitled to it.

Uploaded by

Ria Evita Revita
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
33 views1 page

It Depends

The Labor Code's Implementing Rules state that service incentive leave does not apply to field personnel and employees with unsupervised performance. The Supreme Court defines field personnel as those whose work hours cannot be accurately determined. If GBIC can demonstrate that Angelica Gundran's work hours are indeterminate, she may not be entitled to service incentive leave; otherwise, she is entitled to it.

Uploaded by

Ria Evita Revita
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

It depends.

The Implementing Rules and Regulation of the Labor Code provides that the rules on service
incentive leave does not apply to field personnel and other employees whose performance is
unsupervised by the employer including those who are engaged on task or contract basis,
purely commission basis, or those who are paid a fixed amount for performing work
irrespective of the time consumed in the performance thereof.

Further, under jurisprudence, the Supreme Court stated that field personnel are those whose
actual hours of work in the field cannot be determined with reasonable certainty.

Thus, if GBIC can prove that the actual work hours of Angelica Gundran in the field cannot be
determined, she can be considered as a field personnel and not entitled to service incentive
leave. However, if GBIC fails to prove such fact then she is entitled to service incentive leave.

You might also like