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NLRC case 71
Atty. Magsino: Why is there a need to determine if person is a
supervisory employee?
Answer: To determine the benefits that must be given to the
employee to wit, overtime pay etc.
Non supervisory can be a managerial employee.
Managerial employees are not entitled to overtime pay, etc.
Three types: managerial, supervisory and rank and file.
Apex Mining vs. NLRC case 82
The petitioner herein is not considered as a domestic helper within
the ambit of the Labor Law
Atty. Magsino: What justifies classifying a person as a regular
employee?
Answer: If the employee does not perform services within the
meaning of Art. 139 of the Labor Code. If the employee does not
perform services in the employers home which is usually necessary
or desirable for the maintenance and enjoyment thereof and does
not include ministering to the personal comfort and convenience of
the members of the employers household. In this case, the
employee is not performing services for the employees family but
for the corporation, hence, she is considered as an employee of the
corporation.
San Miguel vs. Democratic Labor case no. 83
Correct doctrine.
Rada vs. NLRC case 84
Atty. Magisno: Why is it that the driver is entitled to overtime pay?
Answer: because the reason was at the time he gets into the car he
is working because he has to get some of the employees to go to
the office at a specific time. This indicates that this is for the benefit
of the employer and not of the employee.
Pan American vs. Pan American Employees Association case 85
Atty. Magsino: As a general rule the one hour period is not
compensable. In this case the 1 hour period is compensable. STUDY
THE DOCTRINE!!!
Arica vs. NLRC 86
Atty. Magsino: The 30 minute time is not compensable because the
employer has no absolute control and the work they perform in such
time was not for the benefit of the employer. Why because it is only
for roll calls and the assignments of their jobs, they can go to their
house after those.