LABOR LAW I
DJC NotesJustice Veloso 3D | ’08-‘09
staff are not covered under Art. 212(m).
Field Personnel - Crux here is the determination of his hours of work.His hours of work cannot be determined with reasonable certainty.However, if he is supervised, his hours of work can be determined.
John Mcleod v NLRC
Jan 23, 2007 – John was considered a managerialemployee because he was a Vice President of the company as well asplant manager. The SC held that such is excluded from Book 3 Title 1.
Note that Article 82 speaks of the coverage of the entire title I. Title Ihas three chapters: Hours of work, rest periods, holidays etc.
Field Personnel – what counts is the determination with reasonablecertainty of the hours of work.
Far East Agricultural Supply Inc
February 12, 2007 - itwas held that Lebatique was a supervised company driver. When youconcede that the work is supervised, then the alleged field personnelhours of work can be determined. He was required to report for work depending on availability. He is therefore
a field personnel.
Domestic Helper - cross reference to article 141. A Domestic Helper isnot really a family employee but household employee. Driver isconsidered domestic helper even if his place of work is outside thehouse because he serves their household.
Article 94 – limited sections. The benefit of regular holiday pay doesnot apply to certain people.
A supervisor – is he covered or not by title I?
Peñaranda v Bangaga Plywood Corp
May 3 2006 – His worked involved overseeing operationof machines and the performance of the workers in his section. He is amanagerial employee being a member of the managerial staff. He is asupervisor under Article 212(m) but he is a managerial employee under Article 82. Therefore, he not covered by Title I of Book 3.
Art. 83. Normal hours of work.
The normal hours of work of anyemployee shall not exceed eight (8) hours a day.Health personnel in cities and municipalities with a population of at least onemillion (1,000,000) or in hospitals and clinics with a bed capacity of at leastone hundred (100) shall hold regular office hours for eight (8) hours a day,for five (5) days a week, exclusive of time for meals, except where theexigencies of the service require that such personnel work for six (6) days orforty-eight (48) hours, in which case, they shall be entitled to an additionalcompensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For purposes of this Article, "health personnel" shallinclude resident physicians, nurses, nutritionists, dietitians, pharmacists,social workers, laboratory technicians, paramedical technicians,psychologists, midwives, attendants and all other hospital or clinicpersonnel.
Breakdown of the Code
Health personnel in cities and municipalities
with a population of at least one million (1,000,000)
or in hospitals and clinics with a bed capacity of at least one hundred(100)
shall hold regular office hours for eight (8) hours a day,
for five (5) days a week,
exclusive of time for meals,
except where the exigencies of the service require that such personnelwork
for six (6) days or forty-eight (48) hours,
in which case, they shall be entitled to an additional compensation
of at least thirty percent (30%) of their regular wage for work
on the sixth day.
Normal hours shall not exceed eight hours a day.
A day shall mean a workday of 24 consecutive hours beginning at thesame time each calendar day
Week – workweek of 168 consecutive hours, or seven consecutive 24-hour workdays, beginning at the same hour and on the same calendarday each calendar week.
Employer may however, reduce the number of working hours providedthat there is no concomitant reduction of pay. This is a managementprerogative.Health Personnel – Includes:
attendants and all other hospital or clinic personnel