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XI.

Complainants had worked five (5) years as waitresses in a cocktail lounge owned by the respondent. They did not receive any salary directly from the respondent but shared in all service charges collected for food and drinks to the extend of 75%. With respondent's pripor permission, they could sit with and entertain guests inside the establishment and approrpiate for themselves the tips given by guests. After five (5) years, the complainants' individual shares in the collected service charges dipped to below minimum wage level asa consequence of the lounge's marked business decline. Thereupon, complainants asked respondent to increase their share in the collected service charges to 85%, or the minimum wage level, whichever is higher.

Respondent terminated the services of the complainants who countered by filing a consolidated complaint for unlawful dismissal, with prayer for 85% of the collected services or the minimum wage for the appropriate periods, whichever is higher. Decide. (6%)

anong sagot dito?

Ang alam ko Art 96 of the Code provides for a mandatory distribution of 85% (for employees) and 15% for management of the service charge. So there's a diminution of benefits in the instant case. Moreover, the service charge is just a benefit and the complainants should still be paid the minimum wage.