1. Concepts “Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener, or laundry person, but shall exclude family drivers, children who are under foster family arrangement, or any person who…
1. Concept Workers paid by results – refer to ‘those whose pay is calculated in terms of the quantity or quality of their work output which includes “pakyaw” work and other non-time work.’ (David v. Macasio, G.R. No. 195466, 02 July 2014, Per Brion, J.) They include those who are paid on piecework, takay, pakyaw…
1. Concept Field personnel – refers to ‘non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.’ (Paragraph 3, Article 82, P.D.442, Labor Code; See also Section 1[e], Rule II,…
1. Summary ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees. 2. Concept “Managerial employee” is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the…
1. Summary ▪ Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. 2. Concept Supervisory employees are those who, in the interest of the employer, effectively recommend…
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…
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…
1. Concept Government employees – refer to ‘those employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or controlled corporation.’ (Section 2[a], Rule I, Book III, Omnibus Rules Implementing the Labor Code) a. Governing law The terms and conditions of employment of all government employees, including employees of…