Philippine Jurisprudence - Royale Homes Marketing Corporation Vs. Fidel It is understood, however, that no employer-employee relationship. The direct recruitment of nationals of the Philippines for employment outside the Other than in relation to discrimination, there is no legal regulation of the .. bargaining agent (see Philippines: Industrial relations > Trade union .. fire, flood , typhoon, earthquake, epidemic or other disaster or calamity. (b) An employee need not leave the premises of the work place in order that his rest . (f) When overtime work is necessary to avail of favorable weather or There is no employer-employee relationship between students on one hand, and .
Furthermore, from the last quarter of up to August ofthe company suspended operations due to economic reverses as per Certification issued by the Securities and Exchange Commission p.
It appears that complainant first worked with Allan Mayol and later with Faustino Apondar upon the proddings of his brother Vicente. The certification of Allan Mayol and Fasutino Apondar[,] supplier of finished rattan products[,] that complainant had at one time or another worked with them.
The only connection was that their employer Faustino Apondar supplies finished rattan products to respondents. Vicente averred in his second affidavit that when he confronted his son, the latter explained that he was merely told by their Pastor to sign the affidavit as it will put an end to the controversy. Vicente insisted that his son did not know the contents and implications of the document he signed.
It further noted that the names of the five affiants, whom petitioners admitted to be their former employees, likewise do not appear in the aforesaid documents. According to the CA, it is apparent that petitioners maintained a separate payroll for certain employees or willfully retained a portion of the payroll.
Lagrama, 35 the Court held that the fact that a worker was not reported as an employee to the SSS is not conclusive proof of the absence of employer-employee relationship. Otherwise, an employer would be rewarded for his failure or even neglect to perform his obligation.
For a payroll to be utilized to disprove the employment of a person, it must contain a true and complete list of the employee. In their comment to the petition filed by respondent in the CA, petitioners emphasized that in the certifications issued by Mayol and Apondar, it was shown that respondent was employed and working for them in those years he claimed to be working for SEIRI. Such admission however, does not connote employment.
For the truth of the matter, all of the five employees of the supplier assigned at the leased premises of the private respondent.
OMNIBUS RULES TO IMPLEMENT THE LABOR CODE OF THE PHILIPPINES - CHAN ROBLES VIRTUAL LAW LIBRARY
Because of the recommendation of the private respondent with regards to the disciplinary measures meted on the five workers, they wanted to hit back against the private respondent. Their motive to implicate private respondent was to vindicate. Definitely, they have an axe to grind against the private respondent.
Mention has to be made that despite the dismissal of these five 5 witnesses from their service, none of them ever went to the National Labor [Relations] Commission and invoked their rights, if any, against their employer or at the very least against the respondent.
The reason is obvious, since they knew pretty well that they were not employees of SEIRI but rather under the employ of Allan Mayol and Faustino Apondar, working on a leased premise of respondent. While they claim that respondent was the employee of their suppliers Mayol and Apondar, they did not submit proof that the latter were indeed independent contractors; clearly, petitioners failed to discharge their burden of proving their own affirmative allegation.
In any controversy between a laborer and his master, doubts reasonably arising from the evidence are resolved in favor of the laborer. This Title shall not apply to farm tenancy or leasehold, domestic service and persons working in their respective homes in needle work or in any cottage industry duly registered in accordance with law. The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards.
As amended by Section 3, Republic Act No. Prohibition against elimination or diminution of benefits. Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code.
No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee. Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate regulations to be issued by the Secretary of Labor and Employment or as stipulated in a collective bargaining agreement.
Wages shall be paid at least once every two 2 weeks or twice a month at intervals not exceeding sixteen 16 days. No employer shall make payment with less frequency than once a month. The payment of wages of employees engaged to perform a task which cannot be completed in two 2 weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award: That payments are made at intervals not exceeding sixteen 16 days, in proportion to the amount of work completed; That final settlement is made upon completion of the work.
Payment of wages shall be made at or near the place of undertaking, except as otherwise provided by such regulations as the Secretary of Labor and Employment may prescribe under conditions to ensure greater protection of wages. Direct payment of wages. Wages shall be paid directly to the workers to whom they are due, except: In cases of force majeure rendering such payment impossible or under other special circumstances to be determined by the Secretary of Labor and Employment in appropriate regulations, in which case, the worker may be paid through another person under written authority given by the worker for the purpose; or Where the worker has died, in which case, the employer may pay the wages of the deceased worker to the heirs of the latter without the necessity of intestate proceedings.
The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the exclusion of all other persons.
If any of the heirs is a minor, the affidavit shall be executed on his behalf by his natural guardian or next-of-kin. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid.
In the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him.
Meal and Rest Periods. Premium and overtime pay for holiday and rest day work. Hospitals or clinics within the meaning of this Rule.
Book III – Conditions of Employment
Either term shall also be construed as any institution, building, or place where there are installed beds, or cribs, or bassinets for twenty-four 24 hours use or longer by patients in the treatment of disease, injuries, deformities, or abnormal physical and mental states, maternity cases or sanitorial care; or infirmaries, nurseries, dispensaries, and such other similar names by which they may be designated.
Determination of bed capacity and population. Personnel covered by this Rule. A "week" shall mean the work of consecutive hours, or seven consecutive hour work days, beginning at the same hour and on the same calendar day each calendar week.
The work week may begin at any hour and on any day, including Saturday or Sunday, designated by the employer. Such employees shall also be entitled to overtime pay for services rendered in excess of forty hours a week, or in excess of eight hours a day, whichever will yield the higher additional compensation to the employee in the work week. Relation to Rule I. Additional compensation on regular holidays. The employee shall make known his preference to the employer in writing at least seven 7 days before the desired effectivity of the initial rest day so preferred.
Schedule of rest day.