EFFECT OF NOT AN APPRENTICE

Entitled to a minimum wage of an industrial worker

Approval of TESDA
Apprenticeable
Not highly technical


WAITING TIME
Exception to the rule where one work overtime but not entitled to overtime payment


Rest day + special holiday= additional 50%
Rest day & work= additional 30%



Overtime: 25 or 30
Holiday:



Covered employee who does not render services and also not entitled


Field personnel who are supervised


13
th
month pay


Prescriptive period for money claims-
Three year prescriptive period
Jan 1 2010-dec. 31, 2013

August 14, 2014- 3 years back


And prescriptive period on the demand of SIL

Computed from Jan 1 2010-dec. 31, 2013; it is period of employment and entitlement; 3 year pres
period is counted forward from the date of termination
Thus, the filing in August 14, 2014 is within the period


Wage, salary, and pay


Facilities from supplement

Elimination and diminution of benefits


GR Non-diminution of benefits

Exceptions:
1. Worker is required to travel- per diem
2. If employer promoted the employee that it is beneficial

Exception to the x
Bad faith


POINTERS
VELOSO AND HERRERA LAW