Part II Flashcards
Art. 35
Suspension and/or Cancellation of License or Authority. The Minister of Labor shall have the power to suspend or cancel any license or authority to recruit employees for overseas employment for violation of rules and regulations issued by the Ministry of Labor, the Overseas Employment Development Board, or for violation of the provisions of this and other applicable laws, General Orders and Letters of Instructions.
Non-licensee or non-holder of authority
Any person, corporation or entity which has not been issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor, or whose license or authority has been suspended, revoked or cancelled by the POEA or the Secretary.
Who can suspend or cancel the license
- DOLE Secretary
2. POEA Administrator
The power to suspend or cancel any license or authority to recruit employees for overseas employment is ______ vested with the POEA and the Secretary of Labor.
concurrently
Prohibited acts under Art. 34
It shall be unlawful for any individual, entity, licensee, or holder of authority:
a. to charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance
b. to furnish or publish any false notice or information or document in relation to recruitment or employment
c. to give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under this Code
d. to induce or attempt to induce a worker already employed to quit his employment in order to offer him to another unless the transfer is designed to liberate the worker from oppressive terms and conditions of employment
e. to influence or to attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency
f. to engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines
g. to obstruct or attempt to obstruct inspection by the Secretary of Labor or by his duly authorized representatives
h. to fail to file reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor
i. to substitute or alter employment contracts approved and verified by the Department of Labor from the time of actual signing thereof by the parties up to and including the periods of expiration of the same without the approval of the Secretary of Labor
j. to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of a travel agency
k. to withhold or deny travel documents from applicant workers before departure for monetary or financial considerations other than those authorized under this Code and its implementing rules and regulations
Regulatory and visitorial powers of the DOLE Secretary
Regulatory
- to restrict and regulate recruitment and placement activities of all agencies
- agencies within the coverage of this Title
- to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title
Visitorial
- power to inspect the premises, books of accounts and records of any person or entity covered by this Title
- can require agencies to submit reports regularly on prescribed forms
- can act on violations of any provisions of this Title
Art. 36
The Secretary of Labor shall have the power to restrict and regulate the recruitment and placement activities of all agencies within the coverage of this Title and is hereby authorized to issue orders and promulgate rules and regulations to carry out the objectives and implement the provisions of this Title.
Art. 37
The Secretary of Labor or his duly authorized representatives may, at any time, inspect the premises, books of accounts and records of any person or entity covered by this Title, require it to submit reports regularly on prescribed forms, and act on violations of any provisions of this Title.
Can the Secretary of Labor and Employment issue a warrant of arrest?
No. In the old case of Salazar vs. Achacoso, it was declared that Art. 38 of the LC is unconstitutional and that the Secretary of Labor and Employment cannot issue a warrant of arrest.
Which of the following acts is NOT part of the regulatory and visitorial power of the Secretary of Labor and Employment over recruitment and placement agencies? The power to
(A) order arrest of an illegal recruiter
(B) inspect premises, books and records
(C) cancel license or authority to recruit
(D) garnish recruiter’s bond
A
The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standard laws can be exercised even when the individual claim exceeds P5,000.00. T or F.
True. The visitorial and enforcement powers of the DOLE Regional Director to order and enforce compliance with labor standards laws can be exercised even when the individual claims exceed P5,000.00 The authority under Article 128 may be exercised regardless of the monetary value involved. Under Article 129, however the authority is only for claims not exceeding P5,000.00 per claimant.q
Inggo is a drama talent hired on a per drama “participation basis” by DJN Radio Company. He worked from 8:00 a.m. until 5:00 p.m., six days a week, on a gross rate of P80.00 per script, earning an average of P20,000.00 per month. Inggo filed a complaint before the Department of Labor and Employment (DOLE) against DJN Radio for illegal deduction, non-payment of service incentive leave, and 13th monthpay, among others. On the basis of the complaint, the DOLE conducted a plant level inspection.
The DOLE Regional Director issued an order ruling that Inggo is an employee of DJN Radio, and that Inggo is entitled to his monetary claims in the total amount of
P30,000.00. DJN Radio elevated the case to the Secretary of Labor who affirmed the order. The case was brought to the Court of Appeals. The radio station
contended that there is no employer-employee relationship because it was the drama directors and producers who paid, supervised, and disciplined him.
Moreover, it argued that the case falls under the jurisdiction of the NLRC and not the DOLE because Inggo’s claim exceeded P5,000.00.
a. May DOLE make a prima facie determination of the existence of an employer-employee relationship in the exercise of its visitorial and enforcement powers?
b. If the DOLE finds that there is an employee-employer relationship, does the case fall under the jurisdiction of the Labor Arbiter considering that the claim of Inggo
is more than P5,000.00. Explain.
a. Yes. Pursuant to Article 128 (b) of the Labor Code, the DOLE may do so where the prima facie determination of employer-employee relationship is for the exclusive purpose of securing compliance with labor standards provisions of said Code and other labor legislation.
The DOLE, in the exercise of its visitorial and enforcement powers, somehow has to make a determination of the existence of an employer-employee
relationship. Such determination, however, cannot be coextensive with the visitorial and enforcement power itself. Indeed, such determination is merely preliminary,
incidental and collateral to the DOLE’s primary function of enforcing labor standards provisions.
b. No. As held in the case of Meteoro v. Creative Creatures, Inc., the visitorial and enforcement powers of the Secretary, exercised through his representatives, encompass compliance with all labor standards taws and other labor legislation, regardless of the amount of the claims filed by workers; thus, even claims exceeding P5,000.00.
The Bantay-Salakay Security Agency (BSSA) employed ten security guards and assigned them to Surot Theater which contracted BSSA for its security needs.
On November 3. 1988, the ten (10) security guards of BSSA addressed to the Office of the President, a letter- complaint against their employer for non-compliance with R.A. 6640 providing for an increase in the statutory minimum wage and salary rates of employees and workers in the private sector. The letter was endorsed to the Secretary of Labor who, in turn, referred the matter to the Regional Director of Makunat City in Region XII where the ten (10) security guards reside and where their employer conducts business.
The Office of the Regional Director conducted an investigation and called for a hearing with all the parties present. Therefrom, the Regional Director found that there were indeed violations committed by BSSA
against the ten (10) security guards, such as underpayment of wages, non-integration of cost of living allowance, underpayment of 13th-month pay and
underpayment of five (5) days incentive pay BSSA and Surot Theater were directed to comply with the labor standards and ordered BSSA and Surot Theater to pay
jointly and severally to the ten (10) security guards their respective claim of P10,000.00 each or an aggregate amount of PI00,000.00. BSSA and Surot Theater
filed a Petition for Certiorari before the Supreme Court seeking to annul the decision of the Regional Director on the ground of grave abuse of discretion in assuming jurisdiction over the case. Will the Petition for Certiorari prosper? Decide with reason.
It is to be noted that the Regional Director assumed jurisdiction before the effectivity of RA No. 6715. Thus, applying Art. 128 of the Labor Code, the petition for certiorari will not prosper.
Under said article of the Labor Code, the Secretary of Labor or his duly authorized representatives - and Regional Directors are duly authorized representatives - have visitorial and enforcement powers. Thus, a Regional Director not only has visitorial powers, i.e., to visit the premises of an employer and examine his records, he also has enforcement powers, i.e. based on the findings of labor regulation officers or industrial
safety engineers made in the course of inspection. A Regional Director has the power to order and administer, after due notice and hearing compliance with the labor standards, provisions of the Labor Code. Thus, he could issue writs of execution to the appropriate authority for the enforcement of his orders, except in cases where the employer contests the findings of the labor regulation officer and raises issues which cannot be resolved without considering evidentiary matters that are not verifiable in the normal course of inspection.
Therefore, pursuant to Art. 128 of the Labor Code, the Regional Director was only exercising his visitorial and enforcement powers in the case of BSSA and Surot Theater. Thus, he has jurisdiction to do what he did.In a dissenting opinion. Chief Justice Narvasa said that even after the effectivity of RA No. 6715, the Regional Director has jurisdiction to act on claims exceeding P5.000.00. The petition for certiorari will prosper under Rep. Act No. 6715. its provision limiting the
power of Regional Directors to money claims not exceeding P5,000.00 per employee, the Regional Director no longer has the power to act on money claims exceeding P5.000.00 per employee, even if the same power exercised pursuant to his visitorial and
enforcement power under the Labor Code (Art. 128) where the P5.000 limitation is not found.
The Regional Director or his representative may be divested of his enforcement and visitorial powers under the exception clause of Article 128 of the Labor Code
and, resultantly, jurisdiction may be vested on the labor arbiter when three (3) elements are present. Which of the following is not one of the three (3) elements?
a. Employer contests the findings of the labor regulations officers and raises issues thereon;
b. In order to resolve any issues raised, there is a need to examine evidentiary matters;
c. The issues raised should have been verifiable during the inspection;
d. The evidentiary matters are not verifiable in the normal course of inspection.
c. The issues raised should have been verifiable during the inspection
It shall be mandatory for all Filipino workers abroad to remit a portion of their foreign exchange earnings to their families, dependents, and/ or beneficiaries in the country in accordance with rules and regulations prescribed by the Secretary of Labor and Employment. T or F.
True. Art. 22
Executive Order No. 857, as amended, prescribes the percentages of foreign exchange remittance ranging from _____ of the basic salary, depending on the worker’s kind of job. DOLE figures for 1998-2000 show that the annual remittances have breached the US$6 billion level, inspiring the government to call the OFWs “Mga Bagong Bayani” (New Heroes).
50 to 80%
Percentages of foreign exchange remittance required from various kinds of migrant workers
- Seaman or mariner – 80% of basic salary
- Workers for Filipino contractors and construction companies – 70%
- Doctors, engineers, teachers, nurses and other professional workers whose contract provide for free board and lodging – 70%
- All other professional workers whose employment contracts do not provide for free board and lodging facilities – 50%
- Domestic and other service workers – 50%
- All other workers not falling under the aforementioned categories – 50%
- Performing artists – 50%
[E.O. 857]
Individuals exempted from the mandatory remittance requirement
- The immediate family members, dependents or beneficiaries of migrant workers residing with the latter abroad
- Filipino servicemen working within US military installations
- Immigrants and Filipino professionals working with the United Nations and its agencies or other specialized bodies
As a rule, direct hiring of migrant workers is not allowed. What are the exceptions? Explain your answer.
The exceptions are: direct hiring by members of the diplomatic organizations, international organizations, heads of state and government officials with the rank of at least deputy minister, and such other employers as may be allowed by the Secretary of Labor [Article 18].
The reasons for the ban on direct hiring are:
a. a worker hired directly by a foreign employer without government intervention may not be assured of the best possible terms and conditions of employment.
b. a foreign employer must also be protected. Without government intervention, a foreign employer may be entering into a contract with a Filipino who is not qualified to do the job
c. the mandatory requirement for remittance to the Philippines of a portion of the worker’s foreign exchange earnings can easily be evaded by the
worker.
Other prohibited acts not mentioned in Art. 34
It shall likewise include the following acts, whether committed by any person, whether a non-licensee, non-holder, licensee or holder of authority:
a. to charge or accept directly or indirectly any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor and Employment, or to make a worker pay or acknowledge any amount greater than that actually received by him as a loan or advance
b. to furnish or publish any false notice or information or document in relation to recruitment or employment
c. to give any false notice, testimony, information or document or commit any act of misrepresentation for the purpose of securing a license or authority under the Labor Code, or for the purpose of documenting hired workers with the POEA, which include the act of reprocessing workers through a job order that pertains to nonexistent work, work different from the actual overseas work, or work with a different employer whether registered or not with the POEA
d. to include or attempt to induce a worker already employed to quit his employment in order to offer him another unless the transfer is designed to liberate a worker from oppressive terms and conditions of employment
e. to influence or attempt to influence any person or entity not to employ any worker who has not applied for employment through his agency or who has formed, joined or supported, or has contacted or is supported by any union or workers’ organization
f. to engage in the recruitment or placement of workers in jobs harmful to public health or morality or to the dignity of the Republic of the Philippines
g. to fail to submit reports on the status of employment, placement vacancies, remittance of foreign exchange earnings, separation from jobs, departures and such other matters or information as may be required by the Secretary of Labor and Employment
h. to substitute or alter to the prejudice of the worker, employment contracts approved and verified by the Department of Labor and Employment from the time of actual signing thereof by the parties up to and including the period of the expiration of the same without the approval of the Department of Labor and Employment
i. for an officer or agent of a recruitment or placement agency to become an officer or member of the Board of any corporation engaged in travel agency or to be engaged directly or indirectly in the management of travel agency
j. to withhold or deny travel documents from applicant workers before departure for monetary or financial considerations, or for any other reasons, other than those authorized under the Labor Code and its implementing rules and regulations
k. failure to actually deploy a contracted worker without valid reason as determined by the Department of Labor and Employment
l. failure to reimburse expenses incurred by the worker in connection with his documentation and processing for purposes of deployment, in cases where the deployment does not actually take place without the worker’s fault. Illegal recruitment when committed by a syndicate or in large scale shall be considered an offense involving economic sabotage
m. to allow a non-Filipino citizen to head or manage a licensed recruitment/manning agency [Sec 5]
In addition to the acts enumerated above, it shall also be unlawful for any person or entity to commit the following prohibited acts: RA 10022
- Grant a loan to an overseas Filipino worker with interest exceeding eight percent (8%) per annum, which will be used for payment of legal and allowable placement fees and make the migrant worker issue, either personally or through a guarantor or accommodation party, postdated checks in relation to the said loan
- Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to avail of a loan only from specifically designated institutions, entities or persons
- Refuse to condone or renegotiate a loan incurred by an overseas Filipino worker after the latter’s employment contract has been prematurely terminated through no fault of his or her own
- Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo health examinations only from specifically designated medical clinics, institutions, entities or persons, except in the case of a seafarer whose medical examination cost is shouldered by the principal/shipowner
- Impose a compulsory and exclusive arrangement whereby an overseas Filipino worker is required to undergo training, seminar, instruction or schooling of any kind only from specifically designated institutions, entities or persons, except for recommendatory trainings mandated by principals/shipowners where the latter shoulder the cost of such trainings
- For a suspended recruitment/manning agency to engage in any kind of recruitment activity including the processing of pending workers’ applications
- For a recruitment/manning agency or a foreign principal/employer to pass on the overseas Filipino worker or deduct from his or her salary the payment of the cost of insurance fees, premium or other insurance related charges, as provided under the compulsory worker’s insurance coverage. (Sec. 6, RA 8042 as amended)
Elements of simple illegal recruitment
- The person charged with the crime must have undertaken recruitment activities defined under Art. 13 (b) or prohibited activities defined under Art. 34; and
- The said person does not have a license or authority to do so. [Art. 38, LC]
Salazar v. Achacoso
FACTS: Public respondent issued a Closure and Seizure Order No. 1205 to petitioner after knowing that the latter had no license to operate a recruitment agency and the seizure of the documents and paraphernalia are being used or intended to be used as means of committing illegal recruitment. Petitioner filed for the return of the confiscated materials with the contention that these were seized against her will and were done with unreasonable force and intimidation.
ISSUE: Whether or not the POEA or the Secretary of Labor can validly issue warrants of search and seizure
RULING: No. It is only a judge who may issue warrants of search and arrest, neither it may be done by a mere prosecuting body. The Secretary of Labor, for not being a judge must go through the judicial process.
Further, the Supreme Court held that a warrant must identify clearly the things to be seized, otherwise, it is null and void.
Employees not covered in Book III Title 1
- Government employees
- Managerial employees
- Other officers or members of a managerial staff
- Domestic servants (now Kasambahay)
- Persons in the personal service of another
- Workers paid by results
- Field personnel
- Members of the family of the employer
Hours of work
All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion
An employee need not leave the premises of the workplace in order that his rest period shall not be counted, it being enough that he stops working, rests completely and leaves his workplace to go elsewhere, whether within or outside the premises of his workplace. T or F.
True.
If the work performed was necessary or it benefited the employer or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked if the work was with the knowledge of his employer or immediate supervisor. T or F.
True.
The time during which an employee is inactive by reason of interruptions in his work beyond his control shall not be considered working time either if the imminence of the resumption of work requires the employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interests. T or F.
False. It shall be considered working time.
Compensable time
a. all time during which an employee is required to be on duty or to be at the employer’s premises or to be at a prescribed workplace
b. all time during which an employee is suffered or permitted to work
Normal hours of work
Article 83 of the Labor Code enunciates the general rule that the total number of working hours of a worker or employee shall not exceed eight (8) hours. This eight (8) hour period is called the normal hours of work.
Exceptions to 8-hour law
Health personnel in:
1. Cities and municipalities with a population of at least 1,000,000 OR
- Hospitals and clinics with a bed capacity of at least 100 shall hold regular office hours for 8 hours a day, for 5 days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for 6 days or 48 hours, in which case, they shall be entitled to an additional compensation of at least 30% of their regular wage for work on the sixth day.
Health personnel
- resident physicians
- nurses
- nutritionists
- dietitians
- pharmacists
- social workers
- laboratory technicians
- paramedical technicians
- psychologists
- midwives
- attendants
- all other hospital or clinic personnel (medical secretaries)
Compressed work week
A situation where the normal workweek is reduced to less than six (6) days but the total number of work-hours of 48 hours per week remains. The normal workday is increased to more than eight (8) hours but not to exceed twelve (12) hours, without corresponding overtime premium.
Department Advisory No. 02, Series of 2004
The government acknowledges that the work process is ever-changing. As such, DOLE encourages employers and employees to enter into voluntary agreements adopting the Comprised Work Week Scheme.
Anchored on voluntary basis and conditions mutually acceptable to both the employer and the employees, it is recognized as beneficial in terms of reduction of business costs and helps in saving jobs while maintaining competitiveness and productivity in industries.
DOLE shall recognize CWW schemes adopted in accordance with the following
(Conditions)
- The CWW scheme is undertaken as a result of an express and voluntary agreement of majority of the covered employees or their duly authorized representatives. This agreement may be expressed through collective bargaining or other legitimate workplace mechanisms of participation such as labor-management councils, employee assemblies or referenda
- In firms using substances, chemicals and processes or operating under conditions where there are airborne contaminants, human carcinogens or noise prolonged exposure to which may pose hazards to the employees’ health and safety, there must be a certification from an accredited health and safety organization or practitioner or from the firm’s safety committee that work beyond eight (8) hours is within the threshold limits or tolerable levels of exposure, as set in the Occupational Safety and Health Standards (OSHS)
- The employer shall notify the DOLE, through its Regional Office having jurisdiction over the workplace, of the adoption of the CWW scheme. The notice should be made in DOLE CWW Report Form
Effects of CWW Scheme
- Unless there is a more favorable practice existing in the firm, work beyond eight (8) hours will not be compensable by overtime premium provided the total number of hours worked pet day shall not exceed twelve (12) hours. In any case, any work performed beyond twelve (12) hours a day or forty-eight (48) hours a week shall be subject to overtime pay
- Consistent with Article 852 of the Labor Code, employees under a CWW scheme are entitled to meal periods of not less than sixty (60) minutes. Nothing, however, shall impair the right of employees to rest days as well as to holiday pay, rest day pay or leaves in accordance with law or applicable CBA or company practice
- Adoption of the CWW scheme shall in no case result in diminution of existing benefits. Reversion to the normal eight-hour workday shall not constitute a diminution of benefits. The reversion shall be considered a legitimate exercise of management prerogative provided that the employer shall give the employees prior notice of such reversion within a reasonable period of time
One hour meal period should be considered as overtime work after the deduction of 15 minutes for eating. T or F.
True. Meal breaks are considered working hours if the employees are required to be on call during such hour.
Overtime pay rates
For overtime work performed on:
a. ordinary days - plus 25% of the basic hourly rate
b. on a rest day or special day - plus 30% of the basic hourly rate which includes 30% additional compensation as provided in Article 93 [a] of the Labor Code
c. on a rest day which falls on a special day - plus 30% of the basic hourly rate which includes 50% additional compensation as provided in Article 93 [c] of the Labor Code
d. overtime on a regular holiday - plus 30% of the basic hourly rate which includes 100% additional compensation as provided in Article 94 [b] of the Labor Code
e. overtime on a rest day which falls on a regular holiday - plus 30% of the basic hourly rate which includes 160% additional compensation
No employee may be compelled to render overtime work against his will. T or F.
True. This will constitute involuntary servitude.
Exceptions when overtime work may be compelled (Emergency Overtime Work)
- 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
- When overtime work is necessary to prevent loss of life or property or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other disasters or calamities
- When there is urgent work to be performed on machines, installations or equipment, or in order to avoid serious loss or damage to the employer or some other causes of similar nature
- When the work is necessary to prevent loss or damage to perishable goods
- When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer
- When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon
If an employee refuses to render emergency overtime work when the employer can compel him under the law to render overtime work, he may be dismissed on the ground of insubordination or willful disobedience of the lawful order of the employer. T or F.
True. In cases of emergency overtime work.
The right to claim overtime pay is subject to a waiver. T or F.
False. Such right is governed by law and not merely by the agreement of the parties.
XPNS:
When the alleged waiver of overtime pay is in consideration of benefits and privileges which may be more than what will accrue to employee in overtime pay, the waiver may be permitted.
Work week
A week consisting of 168 consecutive hours or 7 consecutive 24-hour work days, beginning at the same hour and on the same calendar day each calendar week
The employer, in the lawful exercise of its prerogative, is not prohibited from reducing the 8-hour normal working time per day provided that no corresponding reduction is made on the employee’s wage or salary equivalent to an eight-hour work day. In instances where the number of hours required by the nature of work is less than 8 hours, such number of hours should be regarded as the employee’s full working day.
Ok
Flexible work arrangement
a. reduction of workdays (should not last for more than 6 months)
b. rotation of workers - one where the employees are rotated or alternately provided work within the workweek
c. forced leave - one where the employees are required to go on leave for several days or weeks utilizing their leave credits, if there are any
d. broken-time schedule - one where the work schedule is not continuous but the work-hours within the day or week remain
e. flexi-holidays schedule - one where the employees agree to avail of the holidays at some other days provided there is no diminution existing benefits as a result of such arrangement
Effects of work interruption due to brownouts
Policy Instruction No. 36 issued by DOLE
- Brownouts of short duration but not exceeding 20 mins. shall be treated as worked or compensable hours whether used productively by the employees or not
- Brownouts running for more than 20 mins. may not be treated as hours worked provided any of the ff conditions are present:
a. the employees can leave their workplace or go elsewhere whether within or without the work premises
b. the employees can use the time effectively for their own interest - In each case, the employer may extend the working hours of his employees outside the regular schedules to compensate for the loss of productive man-hours without being liable for overtime pay
- Industrial enterprises with one or two workshifts may adopt any of the workshifts prescribed for enterprises with 3 workshifts to prevent serious loss or damage to materials, machineries or equipment that may result in case of power interruptions
- The days when work was not required and no work could be done because of shutdown due to electrical power interruptions, lack of raw materials and repair of machineries, are not deemed hours worked.
Meal period
Not less than 1 hour or 60mins time-off for regular meals.
If he is required to work while eating, he should be compensated therefor.
In the ff cases, a meal period of not less than 20mins. may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee
a. where the work is non-manual work in nature or does not involve strenuous physical exertion
b. where the establishment regularly operates for not less than 16 hours a day
c. in cases of actual or impending emergencies or when there is urgent work to be performed on machineries, equipment or installations to avoid serious losses which the employer would otherwise suffer
d. where the work is necessary to prevent serious loss of perishable goods
The law does not allow that meal time be shortened to less than 20mins. If so reduced, the same shall no longer be considered as meal time but merely as rest period or coffee break and, therefore, becomes compensable working time. T or F.
True.
Premium pay v. Overtime pay
Premium pay: additional compensation required by law for work performed within 8 hours on non-working days, such as rest days and regular and special holidays.
Overtime pay: Additional compensation for work performed beyond 8hrs a day.
Every employee who is entitled to premium pay may likewise be entitled to the benefit of overtime pay if he/she has rendered overtime work on such premium days as rest days and regular and special holidays. T or F.
True.