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Labor - Minimum Wages

Labor - Minimum Wages

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Published by saintkarri
Notes prepared before class. Most are not finished. Uploaded solely for back-up purposes.
Notes prepared before class. Most are not finished. Uploaded solely for back-up purposes.

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Published by: saintkarri on Dec 31, 2009
Copyright:Attribution Non-commercial


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5. Minimum Wages and Wage Fixing Machinery
A. Minimum Wage
1. General Principles
a. Right to a living wage
2n d Par, Sec 3, Art XIII, 1987 Constitution It shall guarantee the rights of all workers to (1) self-organization, (2)
collective bargaining and negotiations, and peaceful concerted activities, including the (3) right to strike in
accordance with law. They shall be entitled to (4) security of tenure, (5) humane conditions of work, and (6) a
living wage. They shall also (7) participate in policy and decision-making processes affecting their rights and
benefits as may be provided by law.
b.No work, No pay / A fair day\u2019s wage for a fair day\u2019s labor
\ue000Azucena says: This maxim continues to govern the relation between labor and capital and remains a basic

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.

AKLAN ELECTRIC CORP v NLRC (2000; Gonzaga-Reyes, J.)

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
mass leave.
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.

a. Equal pay for work of equal value
Art 135 Discrimination prohibited \u2013 It shall beunla wful for any employer to discriminate against any woman
employee with respect to terms and conditions of employment solely on account of her sex.
The following are acts of discrimination:
(a)Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits,
to a female employees as against a male employee, for work of equal value.
(b)Favoring a male employee over a female employee with respect to promotion, training opportunities,
study and scholarship grants solely on account of their sexes.
Criminal liability for the willful commission of any unlawful acts as provided in this Article or any violation of the
rules and regulations issued pursuant to Sec 2 hereof shall be penalized as provided in Art 288 and Art 289 of this

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

Art 248 (e) Unfair labor practices \u2013 To discriminate in regard to wages, hours of work and other terms and

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

PROVIDED: the individual authorization required under Art 242, par (o) shall not apply to the nonmembers of
the recognized CBA

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).

a. Form: agreement for compensation of services
Art 97 (f) \u201cWage\u201d paid to any employee shall mean the remuneration or earnings, however designated,
capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or
commission basis or other method of calculating the same
payable by an employer to an employee
under a written or unwritten contract of employment
for work done or to be done or for services rendered or to be rendered
includes the fair and unreasonable value, as determined by the Labor Sec, of board, lodging, or other facilities
customarily furnished by the employer to the employee
\u201cFair and reasonable value\u201d \u2013 shall not include any profit to the employer, or to any person affiliated
with the employer
ARMS TAXI v NLRC (1993; Grino-Aquino, J.)

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.

a.Exemption from income tax \u2013 RA 9504 (17 June 2008)
1. Coverage
Art 97 (b) \u201cEmployer\u201d includes any person acting directly or indirectly in the interest of an employer in
relation to an employee and shall include:
gov\u2019t and all its branches, subdivisions & instrumentalities,
all GOCC and institutions,
as well as non-profit private institutions or organizations.

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:

Farm tenancyor leasehold
Domestic service
Persons working in their respective homes in needle work or in any cottage industry duly registered in
accordance with the law

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

Development Authority in accordance with RA 3470 (),PROV I DED that such workers perform the work in
their respective homes
(d)Workers in any duly registered cooperative when so recommended by the Bureau of Cooperative
Development and upon approval of the Labor Sec
PROVIDED, that such recommendation shall be given only for the purpose of making the cooperative
viable and upon finding and certification of said Bureau, supported by adequate proof, that the

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.

1. Minimum Wage
\ue000Reasons for having a MWR
\u2013 Promote productivity-improvement and gain-sharing measures to ensure a decent standard of living for the

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

a. Determination of compliance with minimum wage
Art 99 Regional Minimum Wages \u2013 The minimum wage rates for agricultural and non-agricultural employees and
workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and
Productivity Boards.
Art 61 Apprenticeship agreements, including the wage rates of apprentices, shall conform to the rules issued

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

Art 75 (c) Learnership agreements shall include\u2026 \u2013 The wages or salary rates of thelea rners which shall begin at
not less than 75% of the applicable minimum wage
Art 80 (b) Employment agreement for handicapped workers shall include\u2026 - rate to be paid theha ndica pped
workers which shall not be less than 75% of the applicable legal minimum wage
Sec 2, RA 7323 Sixty per centum (60%) of said salary or wage shall be paid by the employer in cash and forty per

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

IRAN v NLRC (1998; Romero, J.)


b. Facilities and Supplements/Allowances
MILLARES v NLRC (1999; Bellosillo, J.)


c. Cash Wage/Commission
SONGCO v NLRC (1990; Ponente)


BOIE TAKEDA v DE LA SERNA (1993; Ponente)


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