hw#6 keywords
TRANSCRIPT
8/12/2019 HW#6 Keywords
http://slidepdf.com/reader/full/hw6-keywords 1/3
Cases
1. Donald Kwok vs. Philippine Carpet Manufacturing Corporation, April 28, 2005
Kwok - EVP
Cash equivalents of unused leave credits Applicable to Category 1 employees
2. Linton Commercial Co., Inc. vs. Hellera, October 10, 2007
Illegal reduction of work hours
Bureau of Working Conditions of the DOLE’s Bulletin
Financial loss – must be substantiated by evidence
Standards to justify retrenchment
3. Bisig Manggagawa sa Tryco vs. NLRC, October 15, 2008
Mere incidental inconvenience is insufficient to warrant a claim for constructive
dismissal Caloocan Bulacan
Transfer to “paralyze” Union
MOA compressed workweek scheme
4. Legend Hotel (Manila) vs. Hernani S. Realuyo, July 18, 2012
Pianist
Retrenchment
Less than 8-hours a day, 8hours- maximum provided in Labor Code
5. Hilario Rada vs. NLRC, January 9, 1992
Project v. Regular employees
Overtime pay
6. Lepanto Consolidated Mining Company vs. Lepanto Local Staff Union, August 20,
2008
Night shift differentials
Excluded in computing overtime pay
7. Auto Bus Transport Systems, Inc. vs. Antonio Bautista, May 16, 2005
Bus driver
Paid on commission basis, 7% of total gross income per travel
Service Incentive Leave
Field Personnel
8. Sentinel Security Agency, Inc. vs. NLRC, September 3, 1998
Security guards
“Old”
Floating status
8/12/2019 HW#6 Keywords
http://slidepdf.com/reader/full/hw6-keywords 2/3
Illegally dismissed
Hired new guards
No legal transfer
Indirect employees, employer, contractor (employees of contractor) serviceincentive leave
9. JPL Marketing Promotions vs. CA, NLRC, July 8, 2005
Floating status
Period not exceeding 6 months
Severed their relations
No separation pay
Not illegally dismissed
Separation pay – compassionate justice, only when dismissed by employer
13th
month and service incentive leave – yes
Above minimum wage – not equivalent to benefits
Computation of 13 months and service leave benefit
10. National Waterworks and Sewerage Authority vs. NWSA Consolidated Union,August 31, 1964 – 4A Digest
Undertime not offset by Overtime
Differential pay (25% additional compensation) for Sunday included incomputing daily wage
Daily wage of monthly salaried employees? Divide monthly salary by actualnumber of working hours/days
11. Stolt-Nielsen Marine Service vs. NLRC, July 11, 1996
Seaman’s entitlement to overtime pay
Willful disobedience of employer’s lawful orders
Not entitled to overtime pay
Fixed overtime pay of 30% of basic salary per month – just a basis, notguaranteed
Actual rendering of overtime work
12. Abduljuahid R. Pigcaulan vs. Security and Credit Investigation, January 16, 2012
Security guard
Service incentive benefits, holiday pay
It is for the employer to prove payment of benefits under the law, not for the
employee to prove non-payment.
13. Cebu Institute of Technology vs. Hon. Blass Ople, December 18, 1987 – 4A Digest
PD 451
60% of the proceeds allocated for increase in salaries or wages of members offaculties
Benefits (13th
month, holiday pay)
8/12/2019 HW#6 Keywords
http://slidepdf.com/reader/full/hw6-keywords 3/3
Deemed included in salary increases paid out of the 60% allocation from tuitionfee increase
BP 232 repealed PD 451
CBA may allocated more than 60% of proceeds
14. CBTC Employees Union vs. The Honorable Jacobo C. Clave, January 7, 1986 Legal Holiday Pay
“Every worker”
All monthly employees entitled to holiday pay
Policy Instruction No. 9 void
15. Asian Transmission Corporation vs. The Hon. Court of Appeals, March 15, 2004
Holiday pay (Double Holiday)
200% whether worked or not
Bulletin
Signifcance of Holiday Pay
Araw ng Kagitingan and Good Friday
Art 94
10 legal holidays
16. San Miguel Corporation vs. The Honorable Court of Appeals, January 30, 2002
17. Trans-Asia Phils. Employees vs. NLRC, December 13, 1999
18. Producers Bank of the Philippines vs. NLRC, March 28, 2001
19. Leyte IV Electric Cooperative, Inc. vs. Layeco IV, October 19, 2007
20. Jose Rizal College vs. NLRC, December 1, 1987
21. The Chartered Bank Employees Association vs. Hon Blas F. Ople, August 28, 1985
22. Cezar Ondango vs. NLRC, June 10, 2004
23. PALEA vs. Philippine Air Lines, Inc., March 31, 1976