Cases: Premium Pay

The following are the related or relevant Labor Law Cases or Jurisprudence on the topic.

1) Covered and excluded employees

Peñaranda v. Bagana Plywood CorporationG.R. No. 159577, 03 May 2006[The complainant-employee] was a member of the managerial staff, which also takes him out of the coverage of labor standards. Like managerial employees, officers and members of the managerial staff are not entitled to the provisions of law on labor standards. The Implementing Rules of the Labor Code define members of a managerial staff as those with the following duties and responsibilities:“(1) The primary duty consists of the performance of work directly related to management policies of the employer;“(2) Customarily and regularly exercise discretion and independent judgment;“(3) (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute under general supervision special assignments and tasks; and“(4) who do not devote more than 20 percent of their hours worked in a workweek to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2), and (3) above.”As shift engineer, petitioner’s duties and responsibilities were as follows:“1. To supply the r...

 



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