August 30

Article 82

1. What are the classifications of Employment as to period?

2. What is the difference between project employment and temporary employment?

3. What is the definition of project employment?

One whose employment has been fixed for a specific project or undertaking the completion of which has
been determined at the time of engagement of the employee; the period is not the determining factor,
so that even if the period is more than 1 year, employee does not necessarily become regular

4. Can there be a valid project employment without an agreed definite end period?
By definition the project employment shall have a definite period. Therefore it is INVALID to not have
definite period

5. What is seasonal employment?

Work or services to be performed is seasonal in nature and the employment is for the duration of the
season

6. What is a season?

7. Is Fixed Term Employment a Project Employment?

No necessarily

8. Is Project Employment a Fixed term Employment?

Yes

9. What case recognized the Fixed Term Employment?

Brent School v. Zamora

10. What are the types of Employees under Art. 82

1) regular employees or those who have been engaged to perform activities which are usually necessary
or desirable in the usual business or trade of the employer;
(2) project employees or those whose employment has been fixed for a specific project or undertaking,
the completion or termination of which has been determined at the time of the engagement of the
employee;
(3) seasonal employees or those who work or perform services which are seasonal in nature, and the
employment is for the duration of the season; and
(4) casual employees or those who are not regular, project, or seasonal employees.
(5) the fixed-term employee recognized under jurisprudence (Brent School v. Zamora)

11. How many Benefits are there in art 82?

EIGHT
 12. Enumerate the 8 Benefits of art 82?
8 benefits under art 82:
 Overtime pay
 Meal break
 Night shift differential
 Rest day
 Additional pay for working on rest day and speciall holiday
 Holiday pay
 Service incentive
 Share in service charges

10. What are the excluded groups under art. 82?

7 excluded groups
1. Govt employees
2. Managerial employees
3. Field personnel
4. Members of the family of the employer who are dependent on him for support
5. Domestic helpers
6. Persons in personal service of another
7. Workers who are paid in results

11. What is a rest day? What is a rest period?

12. What is the reason recognise why SUNDAY is the rest day?
RELIGION. If the employee rejects/object his rest day on certain day it must be based on RELIGION. The
IRR only recognise religious reason to object to the rest day. car number coding is not a reason

13. Are you paid on a rest day?

It depends. If you are daily paid – NOT PAID
If you are monthly paid – REST DAY IS PAID

14. Is a manager entitled overtime pay?

In art. 82, not covered but can be stipulated in the employment contract

15. Is a supervisor, one rank lower to a manager?

Yes. Considered as a managerial staff

16. Who belongs to the managerial staff?

Refer to those whose primary duty consists of the management of the establishment in which they are
employed or of a department or subdivision thereof, and to other officers or members of the
managerial staff
People to belong to the managerial staff are not necessarily managers – these employees have
managerial responsibility
 17. Who are field personnel?
non-agricultural employees who regularly perform their duties away from the principal place of
business or branch office of the employer and whose actual hours of work in the field cannot be
determined with reasonable certainty

Determining point: His usage of work time cannot be easily monitored by the management (is your
usage of time be monitored?) It is NOT a determining factor if you work outside.

September 6, 2018

1. Difference between calendar day and work day?

o Work day: 24-hr period commencing from the time an employee regularly starts to work regardless of
whether the work is broken or continuous
o Calendar day: 24-hr. period commencing at 12 midnight and ending at 11:59 p.m.

2. Discuss how to calculate OT, Night-shift differential and what if it is a holiday

o The base of the Night shift has an additional OT

3. When OT work is required

Article 89. Emergency Overtime work. Any employee may be required by the employer to perform
overtime work in any of the following cases:
a. 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;
b. 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;
c. 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;
d. When the work is necessary to prevent loss or damage to perishable goods; and
e. 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.

4. When it is not on art. 89, can the boss require the employee to OT? Can the employer sanction him for
disobeying?

Art. 285. Termination by employee.

a. An employee may terminate without just cause the employee-employer relationship by serving
a written notice on the employer at least one (1) month in advance. The employer upon whom no
such notice was served may hold the employee liable for damages.
 b. An employee may put an end to the relationship without serving any notice on the employer for
any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person of the
employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his
representative;
3. Commission of a crime or offense by the employer or his representative against the
person of the employee or any of the immediate members of his family; and
4. Other causes analogous to any of the foregoing

5. What is a compressed work week?

 Shortens the week, lengthens the day

6. Hours of Work: How many hours is 8AM to 9PM? Is that 9 hours? Why? (1 HOUR is for the Meal
Period); What about travel time? What about attendance of lectures and seminars, is that work time?
7. How about work hours of seamen
8. How about Hospital and Clinics? The health personnel (Art 83)
2. * If you are engaged and just waiting -- the waiting is part of the employment
3.

4. * If your wating to be engaged -- not employed

1.