Caltex regular employees vs caltex

Caltex Regular Employees vs. Views Downloads 13 File size KB. Caltex, Inc. GR No.

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 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 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. It concluded that the CBA granted only 1 day of rest, e. Overtime work consists of hours worked on a given day in excess of the applicable work period, which is 8 hours. It is not enough that the hours worked fall on disagreeable or inconvenient hours. 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. The SC considers that the statutory prohibition against offsetting undertime one day with overtime another day has no application in the case at bar. Open navigation menu. Close suggestions Search Search.

Muller vs. It is not enough that the hours worked fall on disagreeable or

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.

Regular econd Day 'ff 1. To the ourt? The relevant point here is that petitioner. The ourt finds petitioner? In recapitulation, the parties? Open navigation menu. Close suggestions Search Search.

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. On 5 July , petitioner E. Cavestany Cavestany , the Regional Manager of Caltex, issued a Memorandum to Agad directing him to explain the following audit review findings: 1 the questionable reimbursement of crating expense; and 2 the alleged unauthorized withdrawal and sale of pieces of LPG cylinders. On 29 July , Agad sent his reply answering all the charges against him. Agad stated: 1 that Delda Services constructed the two crates worthP15, as evidenced by an official receipt issued by Delda; and 2 that the withdrawal of the scrap LPG cylinders formed part of his housekeeping duties as depot superintendent. Caltex created an investigating panel chaired by Cavestany to look into the offenses allegedly committed.

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Case Case 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. These are normal or regular work hours, compensable at regular rates of pay, as provided in the CBA; under that CBA, Saturday is not a rest day or a "day off". The CBA included, among others, the following provision:. Navarro Digest Joaquin vs. Alcantara Digest. The Labor Arbiter here was, of course, out on a very long legal limb, as it were. City of Pasig v. Qualitative Methods in Public Health. 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 Doronio vs. Sable vs. Goyanko Digest. Carousel Next.

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.

An annex expresses the idea of joining a smaller or subordinate thing with another, larger or of higher importance. Download now. Interphil Laboratories Employees Union Digest 3. In conformity with Presidential Decree , otherwise known as the Labor Code of the Philippines, as mended, the regular work week shall consist of eight 8 hours per day, seven 7 days, Monday thru Sunday during which regular rates of pay shall be paid in accordance with Article IV, Section 1 and work on the employee's one "Day of Rest" shall be paid as provided in Article IV, Section 7. People v. People Digest Manuel vs. 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. 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. The respondent is merely enjoined to comply with its obligations under the CBA. Amores Digest Buemer vs. The unions motion for reconsideration was denied on 9 June We conclude that the NLRC correctly set aside the palpable error committed by Labor Arbiter Guanio, when the latter imposed upon one of the parties to the CBA, an obligation which it had never assumed. Abrenica vs.