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.

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 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.

Caltex Caltex Union 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.

Regular econd Day 'ff 1. To the ourt? The relevant point here is that petitioner. The ourt finds petitioner? In recapitulation, the parties?

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.

Elazığ rezidans

Sime Darby Pilipinas, Inc. Did you find this document useful? For long continued practice of the parties cannot reasonably be disregarded by one who must construe the contractual provision before him. It averred that render work in excess of 40 hours in a calendar week. Marcos vs. Digest: Caltex v. 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. Close Submit. Arguments of the Union and Caltex The Union argues that work performed on Saturdays should be compensated at first day-off rates. HELD: It should be paid at regular rate. 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.

Caltex's Industrial Relations manager immediately evaluated petitioner's claims and accordingly informed petitioner Union that differential payments would be timely implemented

Overtime work consists of hours worked on a given day in excess of the applicable work period, which here is eight 8 hours. Clave Digest - Philippine Jai-Alai vs. Muller Digest Muller vs. This day of rest, according to Caltex, was Sunday. Professional Documents. See also Bay Ridge Operating Co. Digest - Philippine Jai-Alai vs. The labor Arbiter ruled in favor of petitioner Union, while finding at the same time that private respondent Caltex was not guilty of unfair labor practice. Labor Arbiter Valentin C. In the present case, under the CBA, hours worked on a Saturday do not, by that fact alone, necessarily constitute overtime work compensable at premium rates of pay, contrary to petitioner's assertion.