Professional Documents
Culture Documents
1. ER reserves the right to control not only the end to be achieve but also the
means to be used in reaching such end LVN PICTURES vs. PHILIPPINE
MUSICIAN GUILD
2. 4 fold test to determine ER-EE Relationship
a. Selection and engagement of employee
b. Payment of wages
c. Power of dismissal
d. Power to control employees conduct (must important)
3. PAKAIO
a. workers are considered workers as long as ER exercise control over
the means by which worker are to perform their work ZAMUDIO vs.
NLRC
4. LABOR ONLY CONTRACTOR(prohibited)
a. the person supplying workers to an employer does not have
substantial capital or investment in the form of tools, equipment,
machineries, work premises, among others, and the workers recruited
b. and placed by such person are performing activities which are directly
related to the principal business of such employer
Note:
In such cases, the person or intermediary shall be considered merely
as an agent of the employer who shall be responsible to the workers in the
same manner and extent as if the latter were directly employed by him
5. INDEPENDENT CONTRACTOR/JOB CONTRACTING (legitimate or allowed
by law)
a. The contractor carries on an independent business and undertakes
the contract work on his own account under his own responsibility
according to his own manner and method, free from the control and
direction of his employer or principal in all matters connected with the
performance of the work except as to the results thereof; and
b. The contractor has substantial capital or investment in the form of
tools, equipment, machineries, work premises, and other materials
which are necessary in the conduct of his business. BROTHERHOOD
LABOR UNITY MOVEMENT vs. ZAMORA
ER-EE (Jurisdiction)
2. EXCEPTION
a. If it is contrary to public policy
i. Contrary to public policy if it involves waiver of the labor
standards. PEFTOK INTEGRATED SERVICE vs. NLRC
WAGES
1. Define
a. Remuneration or earnings, however designated, capable of express in
terms of money, whenever fixed or ascertained on a time, task, piece
or commission basis, or other method of calculating the same, which
is payable by an employer to an employee under a written or
unwritten contract of employment for work done or to be done,
or for services rendered or to be rendered
2. Fair wage for fair work / no work no pay principle
a. If no work performed by the employee, there can be no wage or pay
UNLESS the laborer was able, willing and ready to work but was
prevented by management or was illegally lock out, suspend or
dismissed
3. Equal pay for equal work (not absolute)
a. Person who work with substantial qualification, skill, effort and
responsibility, under similar condition, should be paid similar salary
b. Not absolute because, the payment of some of the employees
includes seniority factors, dislocation factor, expertise and such.
4. Wages vs. Salary
a. Wages applies to compensation for manual labor, skilled or unskilled,
paid at stated times and measured by day week, month or season
WHILE salary denotes a higher degree of employment or a superior
grade of service and implies a position of office
5. In the case of MAYON HOTEL vs. ADANA where meals and snacks
purportedly provided to employees CANNOT be deducted as part of latters
minimum wage even if it constitutes FACILITIES
a. Facilities
i. Articles or service for the benefit of the employee or his family
but shall not include tools of the trade or articles or service
primarily for the benefit of the employer or necessary to the
conduct of the employers business
b. Requirements for deducting the value of facilities
a. Proof of actual work for the excess hour for the entitlement of OT
because seaman by the very nature of their job stays on board a
ship vessel
b. It is need to prove actual work for overtime, in order for the
employer to be liable for payment of overtime
Other employment benefits
1. REMERCO GARMENTS MANUFACTURING vs. MINISTER OF LABOR
(weekly rest period)
a. is weekly rest period mandatory and when must it be given
i. YES it is mandatory, art. 91 of the labor code provides that a. it
shall be the duty of every employer whether operating for profit
of not to provide each of his employees a rest period of NOT
LESS than 24 hours consecutive hours after every 6
consecutive normal work days
b. The employer shall determine and schedule the weekly rest day of his
employees rest day of his employees subject to CBA and to such
rules and regulations as the sec of labor and employment may
provide.
c. However employer shall respect the preference of employees as to
their weekly rest day when such preference is based on religious
grounds
2. VDA DE UCANG vs. WCC
a. ER-EE relation is not suspended when an employee is given a
vacation leave with pay
b. The purpose of vacation leave is to afford the laborer a chance to get
much needed rest to replenish his worn out energies and to acquire a
new vitality to enable his to effectively perform his duties, not merely
to give his additional salary ir bounty
Holiday pay
1. Read PRODUCERS BANK vs. NLRC
a. Divisor
2. ASIAN TRANSMISSION CORP vs. CA
a. 2 holidays falling on the same day
Service Incentive Leave
1. Concept
a. Every employee who has rendered ATLEAST 1 year (not less than 12
months, whether continuous or broken) of service shall be entitled to a
yearly service incentive leave for 5 days WITH PAY
b. Convertible to cash
2. AUTO BUS TRANSPORT SYSTEM vs. BAUTISTA
a. Exception to the service incentive leave
i. Government
ii. Domestic helper and person in the personal service of another
iii. Field personnel and other employees whose performance is
unsupervised by the employer (case at bar)
iv. Those enjoying vacation leave with pay of at least 5 days
v. Those employed in establishment regularly employing less
than 10 employees
Sick leave and vacation leave
1. They are not required by law and depends on voluntary employer policy or
collective bargaining
2. Purpose
a. To afford to a laborer a chance to get a much-needed rest to replenish
his worn out energies and acquire a new vitality, to enable him to
efficiency perform his duties, and not merely to give him additional
salary or bounty
3. This privilege MUST be demanded in its opportune time and if he allows the
years to go by in silence HE WAIVES it. SUN RIPE COCONUT PRODUCTS
vs. NLRC
13th Month Pay
1. BROKENSHIRE MEMORIAL vs. NLRC
a. Whether employees entitled to the so called 13th month pay prescribe
by PD 851 on top of bonuses already given by the employer prior to
the decree
i. NO! the hospital cannot be obliged to bear the DOUBLE
BURDEN of giving its employees not only the 13th month pay
required by PD 851 but also Christmas bonus it had therefore
been granting.
b. Intention of PD 851/ 13th month pay law