The provision of this title shall apply to all employees whether for profit or not

but not the government employment

Give importance to the exceptions: or those who belong to exceptions are not
entitled to benefit payments: government employees: working on the different
branches of the government; of GOCC with original charters. You must
distinguish GOCC with original and w/o original charters
w/ original: not organized under the corp. code v. w/o corp. organized under
the corp. code.

Governed by CSC and standardized by the national assemblies. 291.

Government employees may through their unions and associations may

petition the congress for their betterment. If their complaints are unresolved,
they may refer it to the government. Council.

They have no right to strike. Government employees cannot pressure to accede

to their demands.

GOCC w/o orig. charter- incorporated with the corp code of the phil. Terms and
conditions are government by the Labor Code and not the Civil Service- basis
article 9 section 2 f the Constitution. BACIWA- under the jurisdiction Of the
OWWA; National Irrigation Authority

Pharmacists ate Regional Hospital- regular working hours but on several

occasions made to render extra work 2 hours per day- not entitled to an
overtime pay because she I classified an government employee. Exempted from
title 1 of book 3. Not entitled to an overtime pay.

If employed at the Riverside- entitled to overtime pay Article 82.

Managerial Employees- Article 82 as defined shall apply only to Book 3. It is

more comprehensive in scope. It includes the managerial staff. Supervisory
employees. What is the meaning of this? You are a managerial employee and
filed a complaint for illegal dismissal and claim for overtime pay, rest day, leave
pay, etc. will you be entitled for the claim? Excluded from the coverage of the
title and you are not accorded with the benefits. See benefits in your book.

Say, our employee is classified as a managerial employee but does not perform
function to execute management policies- he is a managerial in name only;
dismissed and filed an action for illegal dismissal and claim for benefits; is he
entitled? Yes. He would not qualify as managerial employee as defined in
Article 82. The important consideration is the function he is performing and
not the name.

Field Personnel- refer no non agri employees who perform their regular
employee outside of the business and their number of hours cannot be
determined. Medical Representatives- 10 to 12 hours to increase the sales. Now
claiming for overtime pay- not entitled to an overtime pay.

Fishermen- do you classify them as field personnel? According to SC in

Fishing v. NLRC not field personnel- the facts remains that throughout their
work they are the effective control and supervision of their employees

Argued using the Fisheries Code of 1998- he is excluded from title 1 of

book 3. According to SC: You must determine whether the fishermen regular
performs his duty away and the work could not be determined with reasonable
certainty.

Member of the faculty of the employer for support; domestic helpers;

family drivers- Batas Kasambahay Law or RA 10361- now entitled to a service
incentive leave; 13th month pay and they are subject to entitlement by the
Regional Wage Board.

Employees by pakyaw or by commission basis- not entitled to the

coverage of book 1- based on the work accomplished and not the time they
spent

The working hour of the employee is 6 hours per day- the employer gives
her 350 per day; the employer is ignorant of the law and the employer was able
to read that the minimum is 300 pesos only and reduced the salary of the
employee- the employer is not correct because under Article 100 of the LC if
the employer is giving the employee benefits and enjoyed for a long period of
time; he is not allowed to unilaterally withdraw the same.

Supposing now, employee is working 9-12;2-5 and eventually the

employer said that the normal working hour is 8 hours; change the working
hours; if imposed by the management- is the employee entitled to the overtime
pay?8-12;1-5 changed the working hours- Has the employer the power to fix the
working hours less than 8 hours see Article 83- management prerogative to
impose the working hours- no, because of the principle of a fair days wage for a
fair days labor- from 6 hour to 8 hours- the employer is allowed but the
consequential effect is that the management is obliged to pay overtime pay. It
cannot reduce the pay since it constitutes the terms and condition. Article 100
of the LC.

Employee’s regular work hours is 8 hours- extra work for 2 hours- what
will happen if the employee was given an additional 2 hours- entitled to an
overtime pay.

Pharmacists for 8 hours at riverside- 40 hours a week so she is

7automatically entitled for her salary in sat to Sunday- Article 83- health
personnels is only days a week or a total of hours a week. San Juan Dedios
Hospital Employees Association v. NLRC 282 SCRA 316 inclusio unios

Monday to Friday extended that to Saturday- effect if the employees are

required to render 6 days- they will be entitled to overtime pay with a premium
of 30%.

Supposing the pharmacist in in Regional Hospital- she claims for

overtime pay+ 30% pay- she is not entitled since she is a government employee.

She read that she could claim the overtime pay- the management claimed
that she was already estopped in claiming the benefits and stated in the
employment of contracts.- it cannot be waived. Overtime pay is in the category
of the benefits because it is governed by law and not the agreement of the
parties; the right cannot be waived. Sept 23, 1956. The employment contract is
stated that he waived his right- the principle of autonomy of contracts will
come in- valid and binding bet. Parties and the law between them as long as
they are not contrary to law, public policy, morals, good customs and public
order.

2015 Bar Examination: Q: LKG Garments Inc. makes baby clothes as

import and required its employees beyond its employees Monday to Saturday in
excess of 8 hours per day. Requires 2 shifts per day and overtime work up to
4 hours. The change adversely affected him. Does Carding has the cause of
action against the company? 35 % for the overtime work- from 6 hours
changed it to 4 hours overtime.
 Answer: the imposition of overtime pay is in the discretion of the
management and not the employee. Overtime work is a voluntary undertaking
with exceptions. It can be mandatory, you could not compel him to render
overtime work. You cannot also compel the management to give overtime work.
It becomes a mutual agreement of the parties. Carding has the cause of action.
And the overtime work must be mutually agreed upon. Note: Article 89 of the
Labor Code.: Emergency Overtime Work

Supposing now that, the employment contract which the employees

basic salary already includes his overtime pay. Has the employer has the
right to incorporate the overtime pay? According to Sc: it os not illegal it is
called composite/ package pay or all inclusive salary: Requisites: Clear written
agreement knowingly and freely entered into and the mathematical shows are
computed separately. As long as the amount is correct. If not correct then the
employer will be liable for underpayment of overtime pay. If the pay is more- it
is okay because it grants higher benefits. LEGAL

As we said, waiver of overtime pay is contrary to law: are there

exceptions? The GR. Is that it cannot be waived express or implied. Exceptions:
if the waiver is made for the privilege and benefits more than what will accrue
to them.

If you could finish that in 3 days I will pay you for three days plus the
overtime pay- not illegal whenever it grants higher benefits then it is not
contrary to law.

Compression of work week: the conditions to be valid Dole Advisory 02

Series of 2000: expressly and voluntary supported; if hazardous must have
certificate from safety; dole is duly notify. Lack of raw materials, worker must
not suffer from loss of pay or fringe benefits.

There are 10 4utility men assigned at the SM supermarket. Assigned 8 to

4 am. After 9 pm one delivery truck arrived and they finished after 30 mins.
And they waited but in the meantime they sleep- 2 am arrived and they finished
within 30 mins. The time they spend sleeping; is it compensable? Yes. The
nature of their work allows sleeping without interrupting or prejudicing their
work.
 Our employee is a company driver and his duty is to fetch the pres of the
company at 7 am. He brings him to the office at 8 am and stayed there in car
until 12 doing nothing. The company refused to pay him his salary from 8-12
because he was in the car doing nothing. Although he does not perform driving
he s not free from using his time effectively. Sec 54 rule 1 book 3- waiting time
working time if waiting is an integral part of his work. An employee remains on
call on the employers premises who is closed thereto.

Compensable Hours Work Article 84:

Working hour is 8-12;1-5 but required at the premises as early as 7 o

clock and wait for the reliever. Are you entitled to an overtime pay? Work
beyond 8 hours a day under article 87 you are entitled to an overtime pay. Plus
premium of 25 to 30% as the case may be. For working 9 hours 800 plus 125

August 21 you worked on that day- entitled of the premium of 30 %-

regular days 25% holidays 30%

Workers; o clock in the afternoon there was a brown out- the

management said that you are not allowed to leave and stayed for 3 hours
doing nothing- is the 3 hours bout compensable because an employee who is
required to remain on call in the premises that he cannot use the time
effectively gainfully for hi purpose is still considered working.

One employee went to Sm and returned only after 5 pm- not

compensable because use the time for her own purpose.

After fixing- the management asked him to have an overtime work-

Memon Cir 1 . the employer is allowed to extend the working hours in case of
power loss due to the loss he incurred during of such interruption.

Bout of short duration but not exceeding 20 mins. Shall be compensable

More than 20 min. shall not be treated as hours work.
The employer may use his time outside of the working hours without
being liable for overtime pay.

Lectures, meeting, programs, - is it compensable- attendance at lectures,

meetings and training programs shall not be considered as working time if the
conditions are present:
It has to be sanctioned by the management for it to be considered to be
compensable. If not sanctioned, it is not considered as compensable. If you
represent in CBA negotiations or grievance meeting is a compensable hour
work.

You represented at the hearing- must be compensable

Participation in strikes- not entitled- simple principle of no work no pay-

in the absence of any agreement to the contrary the principle of no work no pay
shall apply.

Employee arrived late for 1 hour- she decided to extend her work for 1
hour- normal hours of work is 8 hours a day but if you rendered more than 8
hours you are entitled to the overtime- she did not exceed to 8 hours so she is
not entitled to overtime. Article 88- under-time work on a particular day cannot
be off-setted. The prohibition to offset undertime / overtime is when you
render it on the same day. Offsetting cannot be done if you incurred undertime
and extended for overtime the next day. You should not allow off setting
because it will deprive you from the pay; prejudicial on your part. Proper
method should be to deduct the undertime but pay him overtime to which he is
rightfully entitled.

Lunch break is only given for 30 mins. – is the imposition of working

hour proper? Duty of the employer to give his employee not less than 60 mins
time off for regular meals; except if the meal period is compensable, urgent
work to be performed on machineries; not strenuous; involves perishable
goods. Breakfast, lunch , dinner.

Call center- you are required to work- entitled to a night shift differential.
86 every employee shall be paid not less than 10% of her wage per hour.

Convenience store- 10 to 6 in the morning- not entitled to a Sec 1 rule 2

book 3-not entitled to night shift. Not more than 5 workers.

Employers are members of the seventh day Adventists (Saturday) and the
management refused their appeals to schedule the rest day on Saturday- Article
91- based on religious vows. The employer should allow them. The employer
argued that if he accommodate sec 4 rule 3 of the IRR-

Article 93 gives compensation for rest day 30% of his regular wage.
 Artcle 91. Seven Days in a week employer must give you 1 rest day-
however, there was an occasion that your services is badly needed and that you
work on your scheduled work day; you were required to work- the management
shall be required to pay for a premium of 30%.

Special holiday- 30% premium

If you are on boad of a fishing vessel- Sunday will be considered as a

schedule work day.