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.

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.

Caltex regular employees vs caltex

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. It averred that Saturday was never designated as a day of rest, much less a "day-off". 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. LABOR ARBITER: o ruled in favor of petitioner Union, while finding at the same time that private respondent Caltex was not guilty of any unfair labor practice o concluded that Caltex's employees had been given two 2 days instead of one [1] day of rest, with the result that work performed on the employee's first day of rest, viz. Saturday, should be compensated at "First day-off" rates. Union counsel attempted to establish this charge by asserting that the employees had been required to render "overtime work" on a Saturday but compensated only at regular rates of pay, because they had not completed the eight 8 -hour work period daily from Monday thru Friday. HELD: 1- 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".

Labor March 22 Labor March Union of Filipino Employees v.

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.

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. Article 88, Labor Code, as amended, provides: jgc:chanrobles. Undertime not offset by overtime.

Caltex regular employees vs caltex

Case Digest: Caltex, Inc. CRUZ, Petitioners, v. Caltex employed respondent Hermie G. Agad as Depot Superintendent-A on a probationary basis for six months. On 28 February , Agad became a regular employee.

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The Union instituted a complaint for unfair labor practice against Caltex alleging violation of the provisions of the CBA. In order that work may be considered as overtime work, the hours worked must be in excess of and in addition to the 8 hours worked during the prescribed daily work period, or the 40 hours worked during the regular work week Monday thru Friday. Pal 25 36KB Read more. Caltex Caltex Union v. 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. Manila Mining Corporation v. Daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight 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 6 of this Agreement. Digest: Caltex v. Baganga Plywood Corporation G. 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.

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We consider that the statutory prohibition against offsetting undertime one day with overtime another day has no application in the case at bar. It averred that Saturday was never designated as a day of rest, much less a "day-off". Paciano F. It is not enough that the hours worked fall on disagreeable or inconvenient hours. Rizal Empire Insurance v. Please be aware that its free availability is under review based on usage statistics. Digest Arica Digest Arica. It is not a memorandum of amendments or a codicil containing additional or new terms or stipulations. Previous CBAs between the parties contained similar provisions, indicating that only one day of rest had been agreed upon. Lagatic vs. CIR v.