Cases: Holiday pay

1. Covered and excluded

Clientlogic Philippines, Inc. v. Castro

G.R. No. 186070, 11 April 2011


[The employers] argue in the main that, as a team supervisor, [the employee] was a member of the managerial staff; hence, he is not entitled to overtime pay, rest day pay, holiday pay, and service incentive leave pay.

x x x

In his Position Paper, [the employee] states that he worked from 8:00 p.m. to 10:00 a.m. or 4 p.m. to 12:00 p.m. of the following day; he was also required to work during his rest days and during holidays but he was not paid; he was also not paid overtime pay; night shift differentials, and service incentive leave. He was employed as call center agent on 14 February 2005, then promoted as “Mentor” in August 2005, and again promoted to “Coach” position in September 2005, which was the position he had when he was terminated. A “coach” is a team supervisor who is in charge of dealing with customer complaints which could not be dealt with by call center agents, and if a call center agent could not meet the needs of a customer, he passes the customer’s call to the "coach." Clearly, (respondent) is not a managerial employee as defined by law. Thus, he is entitled to his money claims.

As correctly found by Executive Labor Arbiter Bose:

Employees are considered occupying managerial positions if they meet all of the following conditions, namely:

1) Their primary duty consists of management of the establishment in which they are emp...

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