factor in determining employees\u2019 wages. If there is no work performed by the employee there can be no wage
or pay unless the laborer was able, willing and ready to work but was prevented by management or was
illegally locked out, suspended or dismissed.
QUICK FACTS: Sugue and Valderrama attended the hearing of the NLRC complaint for monetary claims during work
hours and using company vehicle. Triumph charged the said absence to their vacation leave credits.
HELD: It is not a discriminatory act and in fact, fair and reasonable to do so considering Sugue and Valderrama did not
perform work for one-half day. Attending the hearing was not part of compensable time. They voluntarily absented
themselves while the legality and propriety of their demands is not yet known, hence they should lose their pay during
period of such absence.
QUICK FACTS: AKELCO temporarily transferred principal business operations from Lezo, Aklan to Kalibo, Aklan because
of the imminent danger in said place. Workers willfully and maliciously refused to heed the lawful orders and issuances
of GM. Under principle of \u201cno work, no pay\u201d they were considered as having abandoned their employment and on a
HELD: The age-old rule in governing relation between labor and capital of fair day\u2019s wage for a fair day\u2019s labor
remains as the basic factor in determining employee\u2019s wages. No work, no pay unless of course, laborer was able,
willing and ready to work but was illegally locked out, suspended or dismissed or otherwise illegally prevented from
working. Not fair to allow them to recover something they have not earned and could not have earned because did not
render services at the Kalibo office during stated period.
PROVIDED: The institution of any crim action under this provision shall not bar the aggrieved employee
from filing an entirely separate and distinct action for money claims, which may include claims for
damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each
conditions of employment in order to encourage or discourage membership in any labor organization.
Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized CB agent
as a condition for employment, except those employees who are already members of another union at the time of
the signing of the CB agent. Employees of an appropriate bargaining unit who are not members of the recognized
CB agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the
recognized CB agent, if such non-union members accept the benefits under the CBA\u2026
QUICK FACTS: Different wages given to foreign-hires and local-hires.
HELD: Should be the given same compensation because they have the same workload. After all, foreign-hires
already enjoy benefits to which local-hires are not entitled (e.g. housing, pay vacation allowance).
QUICK FACTS: Culla was a garage supervisor, liaison man, dispatcher and mechanic and driver for Arms Taxi. He wants
the promised 15% commission.
HELD: He was not entitled to such commission because of delay in enforcement of alleged agreement.
Art 97 (c) \u201cEmployee\u201d includes any individual employed by an employer
Art 97 (e) \u201cEmploy\u201d includes to suffer or permit to work
Art 98 Application of Title \u2013 This Title () shall not apply to:
Sec 3, Rule VII, Book 3 Coverage - This Rule shall not apply to the following persons:
(a)Household or domestic helpers , including family drivers and persons in the personal service of another
(b)Homeworkers engaged in needle work
(c)Workers employed in any establishment duly registered with the National Cottage Industries and
cooperative cannot resort to other remedial measures without serious loss or prejudice to its operation
except through its exemption from the requirements of this Rule. The exemption shall be subject to such
terms and conditions and for such period of time as the Labor Sec may prescribe.
QUICK FACTS: Security guards PFDA wants salary increase in conformity with Wage Order No. 6. PFDA is a GOCC, does
NLRC have jurisdiction?
HELD & RATIO: Yes, because as an indirect employer through Odin Security Agency, he is jointly and solidarily liable
for unpaid wages of the guards.
workers and their families
\u2013 Guarantee the rights of labor to its just share in the fruits of production
\u2013 Enhance employment generation in the countryside through industry dispersal
\u2013 Allow business and industry reasonable returns on investment, expansion and growth
\u2013 Affirm labor as a \u201cprimary social economic force\u201d
by the Labor Secretary. \u2026 Apprenticeship agreements providing for wage rates below the legal minimum wage,
which in no case shall start below 75% of the applicable minimum wage, may be entered into only in
accordance with apprenticeship program duly approved by the Labor Secretary\u2026
centum (40%) by the Government in the form of a voucher which shall be applicable in the payment for his tuition fees and books in any educational institution for secondary, tertiary, vocational or technological education. The amount of the education voucher shall be paid by the Government to the educational institution concerned within thirty (30) days from its presentation to the officer or agency designated by the Secretary of Finance.
The voucher shall not be transferable except when the payee thereof dies or for a justifiable cause stops in his duties in which case it can be transferred to his brothers or sisters. If there be none, the amount thereof shall be paid his heirs or to the payee himself, as the case may be.
Sec 4, Rule VII, Book 3 Sec 5, Rule VII, Book 3 Sec 6, Rule VII, Book 3 Sec 7, Rule VII, Book 3
HELD & RATIO:
HELD & RATIO:
HELD & RATIO:
HELD & RATIO:
This action might not be possible to undo. Are you sure you want to continue?