Caltex regular employees vs caltex

Caltex's Industrial Relations manager immediately evaluated petitioner's claims and accordingly informed petitioner Union that differential payments would be timely implemented Saturday, an employees' day of rest, at regular rates, caltex regular employees vs caltex, when it should be paying at "day of rest" or "day off" rates. Caltex denied the accusations of the Union. It averred that Saturday was never designated as a day of rest, much less a "day-off".

It maintained that the CBA provided only 1 day of rest for employees at the Manila Office, as well as employees similarly situated at the Legazpi and Marinduque Bulk Depots. This day of rest, according to Caltex, was Sunday. It was stated in the CBA that the daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight 8 hours per day for any five 5 days. Provided, however employees required to work in excess of forty 40 hours in any week shall be compensated in accordance with Annex B of this Agreement. Labor Arbiter ruled in favor of petitioner Union, while finding at the same time that private respondent Caltex was not guilty of any unfair labor practice. ISSUE: Whether or not and undertime work may be offset by an overtime work, respectively on separate days. Undertime not offset by overtime.

Caltex regular employees vs caltex

The CBA included, among others, the following provision:. In conformity with Presidential Decree , otherwise known as the Labor Code of the Philippines, as amended, the regular work week shall consist of eight 8 hours per day, seven 7 days, Monday through Sunday, during which regular rates of pay shall be paid in accordance with Annex B and work on the employee's one " Day of Rest ," shall be considered a special work day, during which " Day of Rest " rates of pay shall be paid as provided in Annex B. Daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight 8 hours per day for any five 5 days. Provided , however employees required to work in excess of forty 40 hours in any week shall be compensated in accordance with Annex B of this Agreement. Annex "B" chanrobles virtual law library. Caltex's Industrial Relations manager immediately evaluated petitioner's claims and accordingly informed petitioner Union that differential payments would be timely implemented. On 7 July , the Union instituted a complaint for unfair labor practice against Caltex alleging violation of the provisions of the CBA. Caltex denied the accusations of the Union. It averred that Saturday was never designated as a day of rest, much less a "day-off". It maintained that the CBA provided only 1 day of rest for employees at the Manila Office, as well as employees similarly situated at the Legazpi and Marinduque Bulk Depots. This day of rest, according to Caltex, was Sunday.

Vivar Union of Filipino Employees vs.

First off, such practice was not respondent entered into a CBA CBA which was to resorted to by Caltex in order to escape its contractual be in effect until midnight of Dec. Likewise, the shortened work period did not at alleged violations by the latter of the CBA, e. Saturday is accordingly to be paid at regular rates of pay, as a rule, unless the employee shall have been required to Caltex denied the accusations of the Union. It averred that render work in excess of 40 hours in a calendar week. It maintained that the CBA provided only 1 excess of 40 hours before hours subsequently worked day of rest which is Sunday for employees at the Manila become payable at premium rates. Office, as well as employees similarly situated at the Legazpi and Marinduque Bulk Depots. LA: ruled in favor of the Union, while finding at the same time that Caltex was not guilty of any unfair labor practice.

Case Digest: Caltex, Inc. CRUZ, Petitioners, v. Caltex employed respondent Hermie G. Agad as Depot Superintendent-A on a probationary basis for six months. On 28 February , Agad became a regular employee. On 5 July , petitioner E. Cavestany Cavestany , the Regional Manager of Caltex, issued a Memorandum to Agad directing him to explain the following audit review findings: 1 the questionable reimbursement of crating expense; and 2 the alleged unauthorized withdrawal and sale of pieces of LPG cylinders. On 29 July , Agad sent his reply answering all the charges against him. Agad stated: 1 that Delda Services constructed the two crates worthP15, as evidenced by an official receipt issued by Delda; and 2 that the withdrawal of the scrap LPG cylinders formed part of his housekeeping duties as depot superintendent.

Caltex regular employees vs caltex

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Amores Digest Buemer vs. An annex expresses the idea of joining a smaller or subordinate thing with another, larger or of higher importance. Vivar Union of Filipro vs. Caltex appealed to NLRC. Upon the other hand, "First Day-off rates" and "Second Day-off rates" are not applicable to personnel of the Manila Office which consisted of other groups or categories of employees e. Caltex's Industrial Relations manager immediately evaluated petitioner's claims and accordingly informed petitioner Union that differential payments would be timely implemented. NLRC, To the Court's mind, the use of the word "one" describing the phrase "day of rest [of an employee]" emphasizes the fact that the parties had agreed that only a single day of rest shall be scheduled and shall be provided to the employee. In due time, the Labor Arbiter ruled in favor of petitioner Union, while finding at the same time that private respondent Caltex was not guilty of any unfair labor practice. SMC vs. Muller vs. Caltex Refinery Employees Association vs.

The CBA included, among others, the following provision:.

NLRC Lagatic vs. Sia Suan vs. On 7 July , the Union instituted a complaint for unfair labor practice against Caltex alleging violation of the provisions of the CBA. Daily working schedules shall be established by management in accordance with the requirements of efficient operations on the basis of eight hours per day for any five 5 days; provided, however, employees required to work in excess of forty 40 hours in any week shall be compensated in accordance with Article IV, Section 6 of this Agreement. In all these CBAs , , , , Article III provide that only "work on an employee's one day of rest" shall be paid on the basis of "day of rest rates" Marcos vs. In order that work may be considered as overtime work, the hours worked must be in excess of and in addition to the eight 8 hours worked during the prescribed daily work period, or the forty 40 hours worked during the regular work week Monday thru Friday. Union also contended that private respondent Caltex in the instant petition was violating the statutory prohibition against off-setting undertime for overtime work on another day. In order that work may be considered as overtime work, the hours worked must be in excess of and in addition to the 8 hours worked during the prescribed daily work period, or the 40 hours worked during the regular work week Monday thru Friday. It concluded that the CBA granted only 1 day of rest, e. Labor Law - Goya, Inc.