Caltex regular employees vs caltex

First off, such practice was not respondent entered into a CBA CBA which was to resorted to by Caltex in order to escape its contractual be in effect until midnight of Dec. Likewise, the shortened work period did not at alleged violations by the latter of the CBA, e. Saturday is accordingly to be paid at regular rates caltex regular employees vs caltex pay, as a rule, unless the employee shall have been required to Caltex denied the accusations of the Union. It averred that render work in excess of 40 hours in a calendar week.

Caltex's Industrial Relations manager immediately evaluated petitioner's claims and accordingly informed petitioner Union that differential payments would be timely implemented Saturday, an employees' day of rest, at regular rates, when it should be paying at "day of rest" or "day off" rates. Caltex denied the accusations of the Union. It averred that Saturday was never designated as a day of rest, much less a "day-off". Labor Arbiter Valentin C. Caltex's employees had been given two 2 days

Caltex regular employees vs caltex

It maintained that the CBA provided only 1 day of rest for employees at the Manila Office, as well as employees similarly situated at the Legazpi and Marinduque Bulk Depots. This day of rest, according to Caltex, was Sunday. It was stated in the CBA that the daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight 8 hours per day for any five 5 days. Provided, however employees required to work in excess of forty 40 hours in any week shall be compensated in accordance with Annex B of this Agreement. Labor Arbiter ruled in favor of petitioner Union, while finding at the same time that private respondent Caltex was not guilty of any unfair labor practice. ISSUE: Whether or not and undertime work may be offset by an overtime work, respectively on separate days. Undertime not offset by overtime. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter. In order that work may be considered as overtime work, the hours worked must be in excess of and in addition to the eight 8 hours worked during the prescribed daily work period, or the forty 40 hours worked during the regular work week Monday thru Friday. It is only when an employee has been required on a Saturday to render work in excess of the forty 40 hours which constitute the regular work week that such employee may be considered as performing overtime work on that Saturday. We consider that the statutory prohibition against offsetting undertime one day with overtime another day has no application in the case at bar.

Report this Document. The company practice of allowing employees to leave thirty 30 minutes earlier than the scheduled off-time had been established primarily for the convenience of the employees most of whom have had to commute from work place to home and in order that they may avoid the heavy rush hour vehicular traffic, caltex regular employees vs caltex. The Union's motion for reconsideration was denied on 9 June

The CBA included, among others, the following provision:. In conformity with Presidential Decree , otherwise known as the Labor Code of the Philippines, as amended, the regular work week shall consist of eight 8 hours per day, seven 7 days, Monday through Sunday, during which regular rates of pay shall be paid in accordance with Annex B and work on the employee's one " Day of Rest ," shall be considered a special work day, during which " Day of Rest " rates of pay shall be paid as provided in Annex B. Daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight 8 hours per day for any five 5 days. Provided , however employees required to work in excess of forty 40 hours in any week shall be compensated in accordance with Annex B of this Agreement. Annex "B" chanrobles virtual law library. Caltex's Industrial Relations manager immediately evaluated petitioner's claims and accordingly informed petitioner Union that differential payments would be timely implemented.

First off, such practice was not respondent entered into a CBA CBA which was to resorted to by Caltex in order to escape its contractual be in effect until midnight of Dec. Likewise, the shortened work period did not at alleged violations by the latter of the CBA, e. Saturday is accordingly to be paid at regular rates of pay, as a rule, unless the employee shall have been required to Caltex denied the accusations of the Union. It averred that render work in excess of 40 hours in a calendar week. It maintained that the CBA provided only 1 excess of 40 hours before hours subsequently worked day of rest which is Sunday for employees at the Manila become payable at premium rates.

Caltex regular employees vs caltex

The CBA included, among others, the following provision:. In conformity with Presidential Decree , otherwise known as the Labor Code of the Philippines, as amended, the regular work week shall consist of eight 8 hours per day, seven 7 days, Monday through Sunday, during which regular rates of pay shall be paid in accordance with Annex B and work on the employee's one " Day of Rest ," shall be considered a special work day, during which " Day of Rest " rates of pay shall be paid as provided in Annex B. Daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight 8 hours per day for any five 5 days. Provided , however employees required to work in excess of forty 40 hours in any week shall be compensated in accordance with Annex B of this Agreement. Annex "B" chanrobles virtual law library. Caltex's Industrial Relations manager immediately evaluated petitioner's claims and accordingly informed petitioner Union that differential payments would be timely implemented. On 7 July , the Union instituted a complaint for unfair labor practice against Caltex alleging violation of the provisions of the CBA. Caltex denied the accusations of the Union.

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Principles: In recapitulation, the parties' CBA stipulated that employees at the Manila Office, as well as those similarly situated at the Legazpi and Marinduque Bulk Depots, shall be provided only one 1 day of rest; Sunday, and not Saturday, was designated as this day of rest. Search inside document. Caltex denied the accusations of the Union. Overtime work consists of hours worked on a given day in excess of the applicable work period, which here is eight 8 hours. Urinary System Urinary System. Heirs of F. The Supreme Court ruled in favor of Caltex, affirming that employees were not entitled to premium rates for work performed on Saturdays, as the Collective Bargaining Agreement only provided for one day of rest, which was Sunday. Work performed on a Saturday is accordingly to be paid at regular rates of pay, as a rule, unless the employee shall have been required to render work in excess of forty 40 hours in a calendar week. Philips Semiconductors Phils. The Court finds petitioner's contention bereft of merit. It is only when an employee has been required on a Saturday to render work in excess of the forty 40 hours which constitute the regular work week The plain and ordinary meaning of the language of Article III is that Caltex and the Union had agreed to pay "day of rest" rates for work performed on "an employee's one day of rest". What is Scribd?

Hours of Work Section 1. The regular work week shall consist of eight 8 hours per day, six 6 days, Monday through Saturday, during which regular rates of pay shall be paid in accordance with Article IV, Section 1, except for work on holidays as provided in Article IV, Section 7, and Sunday shall be considered a special work day during which Sunday rates of pay shall be paid as provided in Article IV, Section 6. Daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight 8 hours per day for any five 5 days; Provided however, employees required to work in excess of forty 40 hours in any week shall be compensated in accordance with Article IV, Section 5 of this Agreement, and provided further, employees shall be scheduled two consecutive days off.

It is only when an employee has been required on a Saturday to render work in excess of the forty 40 hours which constitute the regular work week that such employee may be considered as performing overtime work on that Saturday. It is only when an employee has been required on a Saturday to render work in excess of the forty 40 hours which constitute the regular work week that such employee may be considered as performing overtime work on that Saturday. US Supreme Court Decisions. Maramba Digest Bambalan vs. Flag for inappropriate content. The previous CBAs executed between private respondent Caltex and petitioner Union in , , and contained provisions parallel if not identical to those set out in Article III of the CBA here before us. Caltex, Inc. Petitioner union also contended that private respondent Caltex in the instant petition was violating the statutory prohibition against off-setting undertime for overtime work on another day. Velez Digest Eugenio vs. It averred that Saturday was never designated as a day of rest, much less a "day-off".