Caltex regular employees vs caltex

The CBA included, among others, the following provision:.

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 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 Saturday, should be compensated at "First day-off" rates. 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. 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". To the Court's mind, the use 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 Daily working schedules shall be established by management in accordance with the requirements of efficient operations Daily working schedules shall be established by management in accordance with the requirements of efficient operations on the In all these CBAs , , , , Article III provide that only "work on an employee's one day of rest" shall be paid on the basis of "day of rest rates"

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. Union of Filipino Employees v.

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. Office, as well as employees similarly situated at the Legazpi and Marinduque Bulk Depots. LA: ruled in favor of the Union, while finding at the same time that Caltex was not guilty of any unfair labor practice.

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. Permission given to the employee go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter. Article 87 of the Labor Code, as amended, provided in relevant part: jgc:chanrobles.

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.

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Overtime work consists of hours worked on a given day in excess of the applicable work period, which here is eight 8 hours. In fact, all the CBAs subsequent to , , , had similarly deleted the proviso in the CBA providing for two 2 days-off. 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. Caltex denied the accusations of the Union. Professional Documents. Document Information click to expand document information 1 Caltex employees filed a complaint arguing they were owed overtime pay and day of rest pay for work performed on Saturdays. These are normal or regular work hours, compensable at In fact, the contents of Annex "B" have no intelligible significance in and of themselves when considered separately from the CBA. Overtime work consists of hours worked on a given day in excess of the applicable work period, which here is eight 8 hours. NLRC Phil. Caltex Regular Employees vs. Manglapus Digest. It is not enough that the hours worked fall on disagreeable or

Regular econd Day 'ff 1.

Vivar Union of Filipro vs. Thus, "First Day-off rates" and "Second Day-off rates" are applicable only to employees stationed at the refinery and associated facilities like depots and terminals which must be in constant twenty-four 24 hours a day, seven 7 days a week, operation, hence necessitating the continuous presence of operations personnel. We also note that the Labor Arbiter merely suspected that the parties agreed to provide two 2 days of rest on the ground that they had so stipulated in their CBA. CA Digest. NLRC affirmed. It is not a memorandum of amendments or a codicil containing additional or new terms or stipulations. It did not confer any rights upon employees represented by petitioner Union; neither did it impose any obligations upon private respondent Caltex. 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. NLRC Phil. Toggle navigation.