HUMAN RESOURCE MANAGEMENT

BACHELOR OF SCIENCE IN LEGAL MANAGEMENT | FIRST YEAR |

SECOND SEMESTER
PROFESSOR: SEMESTER
PROF. ANTONIA JOSEFA A. TAGUINOD, MBM

WORK VS. FAMILY – YOU BE THE JUDGE

READ THE FOLLOWING SITUATION.

Joanna, a single parent, was hired to work 8:15 AM to 5:30 PM weekdays selling computers for
a firm. Her employer extended her workday until 10 PM weekdays and from 8:15 AM to 5:30
PM on Saturdays. Joanna refused to work the extra hours, saying that she has a 6-year old son
and that so many work hours would lead to neglect. The employer said this was a special request
during a difficult period, and that all employees needed to share in helping out during the
“crunch.” Still refusing to work the extra hours, Joanna was fired. She sued the employer.

You be the judge in this case. Take an individual position on the following questions: a) Should
Joanna be allowed to work only the hours agreed to when she was hired? b) Or was the employer
correct in asking all employees, regardless of family status, to work the extra hours? Why?

A.) Yes, with regards to the question whether Joanna should accept to work an extra day
contrary to what she and her employer has signed when Joanna was hired in the
organization she currently belongs to. Firsthand, because the working hours of the
employee is explicitly and specifically agreed between the employer and the employee
when the contract (if there were any) was signed.

Secondly, if Joanna should work an extra day, given the situation that she has not refused
the offer from the employer, she is entitled for a compensation as stated in the Book III,
Article 87 of the Labor code covering the definition of overtime, stating that “Work may be
performed beyond eight (8) hours a day provided that the employee is paid for the overtime
work, an additional compensation equivalent to his regular wage plus at least twenty-five
percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be
paid an additional compensation equivalent to the rate of the first eight hours on a holiday or
rest day plus at least thirty percent (30%) thereof.”

Article 93[a] of the labor code explicitly states that “Where an employee is made or
permitted to work on his scheduled rest day, he shall be paid an additional compensation of at
least thirty percent (30%) of his regular wage. An employee shall be entitled to such
additional compensation for work performed on Sunday only when it is his established rest
day.”

In this regard, Joanna, the employee can be allowed to work according to the flow of the
schedule assigned with her arising at the time when she was hired by her employer, and
when the event arises that she will be permitted or required to work an extra hour, she is
entitled to compensation according to her line of work and amount of time rendered as
governed by Article 87 to 96 of the Book III – Conditions of Employment as explicitly stated
in the Labor Code.