Module 5 Flashcards
conditions of employment
what are the GENERAL labor standards?
[hhmss.porn]
- hours of work
- overtime pay
- meal pay period
- night shift differential
- rest day
- premium pay
- holiday pay
- service incentive leave
- service charges
Who can & cannot rely on the GENERAL labor standards?
Art. 82
Generally, “Ee in all establishments [and] undertaking whether for profit [or] not…”
The Exception,
- Gov’t Ee (Exc-Exc - Gov’t Ee under the corporation law
- Managerial Ee [and] officers/members of managerial staff
- Field personnel
- Members of family of Er who are dependent on him for support
-Domestic helpers
- persons in Personal service of another
- Workers paid by results
Who are considered Managerial Ee?
those who primarily manage the establishment or a department or subdivision of the company or entity.
They are customarily and regularly direct the work of two or more employees, and they have the authority to hire or fire
other employees of lower rank or their suggestions and recommendations as to hiring, firing, promotion and other personal movements are given weight
Principles in determining the hours of work
-
Engaged to wait
- time controlled by Er -
Waiting to be engaged
- time NOT controlled
Travel time is a normal incident of employment
If your employer requires you to do something outside of your normal travel route, such as making a stop somewhere (e.g., running a work-related errand), this extra travel time is counted as working hours?
If this travel exceeds the normal 8 hours of work, it qualifies for overtime pay [and] it deviates from normal travel route
Company has “no overtime policy” but Ee had no choice but to work extra because the 2nd Ee was late.
Can Ee claim for overtime?
Yes, what is essential it NOT approval but knowledge so he is entitled to overtime pay
How about work interruptions? When should it be
c o m p e n s a t e d , w h e n i t s h o u l d n o t b e
compensated?
When Ee is inactive due to interruption in work, if it is beyond his control, shall be considered hours work
Condition for Imminence of the Resumption of Work
If work is expected to resume soon and the Ee is required to stay at the workplace during the interruption, the employee should be compensated for this waiting time.
Can Ee be compelled to render overtime?
No, covered Ees cannot be compelled to render overtime as this is in violation of the constitutional provision against involuntary servitude
Exc so an Er can compel an Ee to render OT
- war or national emergency
- actual/impending disaster
- urgent work on machines/installations
- necessary to prevent loss/damage to perishable goods
- necessary to avail favorable weather conditions
- to complete the work started before 8th hour
assume per hour is 1000 > how much can he earn on:
- a regular day
- rest day, holiday
1250 (25%)
1300 (30%)
Can waiver of OT pay be allowed? what can be allowed to waive? & LB
No, against public policy
- Ee had OT last month, Ee can waive the unpaid past OT pay
Art. 233 LC
When can Labor Standards be compromised?
in a compromise settlement,
- the parties voluntarily agree
- w/ assistance of the secretary of labor & employment (bureau/regional)
shall be FINAL & BINDING upon parties
is the compromise absolute in a case where parties agreed w/ the secretary of labor to waive OT pay?
waiver of unpaid past overtime pay is VALID
waiver of right to future overtime pay is VOID
what is Night Shift Differential
additional compensation for working between 10pm-6am. It is not less than 10% of the regular wage for each hour worked
