Managerial Staff

1. Summary

▪ Officers or members of a managerial staff’s primary duty consists of the performance of work directly related to management policies of their employer.

2. Concept

Officers or members of a managerial staff are those who perform the following duties and responsibilities:

1) The primary duty consists of the performance of work directly related to management policies of their employer;

2) Customarily and regularly exercise discretion and independent judgment; and

3) (a) 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 (b) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (c) execute, under general supervision, special assignments and tasks; and,

4) Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above. (Section 2[c], Rule I, Book III, Omnibus Rules Implementing the Labor Code)

..

References

P.D. 442, Labor Code of the Philippines

Book III, Omnibus Rules Implementing the Labor Code

Similar Posts

  • Apprentices

    Apprentices are workers covered by an apprenticeship agreement involving an apprenticeable occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction. 1. Concepts “Apprenticeship” – means practical training on the job supplemented by related theoretical instruction. (Article 58[a], P.D. 442, Labor Code) “Apprentice” – is a…

  • Managerial Employees

    1. Summary ▪ Managerial employees have various definitions under the Labor Code. 2. Concept Managerial employees have various definitions under the Labor Code. The term varies depending on the Book or Title where managerial employees are being discussed or covered by certain provisions as will be discussed herein. a. Labor Code – Book Three, Title…

  • Drug Test

    Making a job applicant take a drug test as a pre-employment requirement is an exercise of management prerogative. What’s the legal basis? It appears that there is confusion on the legal basis for drug test as a pre-employment requirement. While random drug testing for those who are already employees is clearly provided for in Republic…

  • Pre-Employment Requirements

    1. Concept Pre-employment requirements – refer to those a prospective employer requires from a job applicant prior to being hired or engaged to work. 2. Pre-employment requirements Labor law does not prescribe any specific pre-employment requirements that employers should ask from job applicants. Thus, employers may exercise their management prerogative in choosing which to require…