Labor Standards Flashcards
T or F: All employees are covered by Labor Standards?
FALSE.
Exceptions (NOT Covered) GMFF-DPR:
(1) Government employees [Art. 82; Art. 76]
(2) Managerial Employees including members of the managerial staff [Art. 82]
(3) Field Personnel [Art. 82]
(4) Members of the family of the employer who are dependent on him for support [Art. 82];
(5) Domestic helpers and persons in personal service of another [Art. 141]
(6) Workers who paid by result as determined by DOLE regulation [Art. 82].
What is the test to determine WON an employee is “field personnel”?
In deciding whether or not an EE’s actual working hours in the field can be determined with reasonable certainty, query must be made as to whether or not such EE’s time and performance is constantly supervised by the employer. [Union of Filipro Employees v. Vivar, 1992]
T or F: House personnel hired by a ranking company official but paid by the company itself to maintain a staff house provided for the official are NOT domestic employees.
TRUE.
This is the doctrine in Cadiz v. Philippine Sinter Corp, NLRC Case No. 7-1729, as cited by Azucena.
The other exception to the domestic employee rule is - A family cook, who is later assigned to work as a watcher and cleaner of the employer’s business establishment, becomes an industrial worker entitled to receive the wages and benefits flowing from such status. [Villa v. Zaragosa and Associates, OP Decision No. 0183, cited by Azucena].
Aside from those NOT covered by labor standards who are not covered by the 8 hour law. (CLUE: Specific field of work)
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 personnel work 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.
For purposes of this Article, “health personnel” shall include resident physicians, nurses, nutritionists, dietitians pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. [Art. 38, LC]
Note: Medical secretaries are also considered clinic personnel. [Azucena]
What are hours considered as worked or compensable? (as listed in LC Art 84)
Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work. [Art. 84, LC]
What are the 3 conditions that make lectures, training and meetings NOT part of work hours?
(1) Attendance is outside of the employee’s regular working hours;
(2) Attendance is in fact voluntary; and
(3) The employee does not perform any productive work during such attendance. [IRR, Book III, Rule 1, Sec. 6]
BUT, keep in mind
(1) Attendance in lectures, meetings, and training periods sanctioned by the employer are considered hours worked.
(2) Attendance in CBA negotiations or grievance meeting is compensable hours worked.
(3) Attendance in hearings in cases filed by the employee is NOT compensable hours worked.
(4) Participation in strikes is NOT compensable working time.
What are the 4 exceptions to the general rule that travel time is not part of work hours?
(a) When called to travel during emergency;
(b) When travel is done through a conveyance furnished by the employer;
(c) Travel is done under vexing and dangerous circumstances;
(d) Travel is done under the supervision and control of the employer.
T or F: Regular Full time teachers do no get paid during semestral break based on the rule, no work, no pay.
FALSE.
Semestral Break of Private School Teachers
Regular full-time teachers are entitled to salary during semestral breaks. These semestral breaks are in the nature of work interruptions beyond the employees’ control. As such, these breaks cannot be considered as absences within the meaning of the law for which deductions may be made from monthly allowances. [University of the Pangasinan Faculty Union v. University of Pangasinan, No. L-63122, Feb. 20, 1984
What is the test for determining work hours of Seamen?
The correct criterion in determining whether or not sailors are entitled to overtime pay is not, therefore, whether they are on board and cannot leave ship beyond the regular eight working number of hours, but whether they actually rendered service in excess of said number of hours. [Cagampan, et. al. v. NLRC, G.R. Nos. 85122-24, March 2, 1991].
Under the [blank] [blank] [blank] scheme, the normal workday goes beyond eight hours without the corresponding overtime premium.
The total hours of work, however, shall not exceed 12 hours a day or 48 hours a week, or the employer is obliged to pay the worker the overtime premium in excess of said work hours.
Compressed Work Week (CWW)
Note: SEE DOLE Advisory No. 02, Series of 2004
Can an employer limit employee meal time to 20 mins?
YES.
A meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee:
(1) Where the work is non-manual work in nature or does not involve strenuous physical exertion;
(2) Where the establishment regularly operates not less than sixteen (16) hours a day;
(3) In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; and
(4) Where the work is necessary to prevent serious loss of perishable goods. [IRR, Book III, Rule 1, Sec. 7]
***THE GR IS 1 HOUR!
What is waiting time?
WAITING TIME
Waiting time spent by an employee shall be considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait.[IRR, Book III, Rule 1, Sec. 5(a)]
(1) Waiting time spent by the employee shall be considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait.
(2) An employee who is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. [Sec. 5, Rule I, Book III, Labor Code Implementing Rules and Regulation]
WHEN WAITING TIME IS COMPENSABLE
Legal test: Whether waiting time constitutes working time depends upon the circumstances of each particular case. The facts may show that the employer was engaged or was waiting to be engaged. The controlling factor is whether waiting time spent in idleness is so spent predominantly for the employer’s benefit or for the employee’s. [Azucena citing Armour v. Wantock]
What are the 5 instances when the employer can require overtime?
Any employee may be required by the employer to perform overtime work in any of the following cases:
(1) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;
(2) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
(3) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;
(4) When the work is necessary to prevent loss or damage to perishable goods; and
(5) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. [Art. 89, LC]
What is the difference, if any, between overtime pay and night differential pay?
When the tour of duty of a laborer falls at nighttime [between 10:00pm and 6:00am], the receipt of overtime pay will not preclude the right to night differential pay. The latter is payment for work done during the night while the other is payment for the excess of the regular eight-hour work. [Naric v. Naric Workers Union, 1959].
T or F: The right to overtime pay cannot be waived.
TRUE.
The right to overtime pay cannot be waived. Labor Code [Art. 87] requires that an employee be paid all overtime compensation notwithstanding any agreement to work for a lesser wage. Consequently, such an agreement or “waiver” will not prevent an employee from recovering the difference between the wages paid the employee and the overtime compensation he or she is entitled to receive. [Cruz v. Yee Sing, G.R. No. L-12046. Oct. 1959].
Exception: When the waiver of overtime pay is in consideration of benefits and privileges which may be more than what will accrue to them in overtime pay, the waiver MAY be permitted. [Meralco Workers Union v. MERALCo, G.R. No. L-11876, May 29, 1959]
