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If You Were The Labor Arbiter, How Would You Rule? Explain

The document discusses several labor law cases. The first case involves employees who were required to work overtime on Saturdays but were only paid regular rates, violating the collective bargaining agreement. The second case asks if an employee, A, can be required to do overtime work with only a few hours' notice and if he can be docked pay for being late that morning. The third case is about a hotel deducting food and lodging costs from employees' wages, lowering their pay below minimum wage. The final case asks if an employer's wife can directly deduct loan payments from employees' salaries.

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Jason Azura
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127 views

If You Were The Labor Arbiter, How Would You Rule? Explain

The document discusses several labor law cases. The first case involves employees who were required to work overtime on Saturdays but were only paid regular rates, violating the collective bargaining agreement. The second case asks if an employee, A, can be required to do overtime work with only a few hours' notice and if he can be docked pay for being late that morning. The third case is about a hotel deducting food and lodging costs from employees' wages, lowering their pay below minimum wage. The final case asks if an employer's wife can directly deduct loan payments from employees' salaries.

Uploaded by

Jason Azura
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Q16.

A case against an employer company was filed charging it with having violated the
probation against offsetting undertime for overtime work on another day. The
complainants were able to show that, pursuant to the Collective Bargaining Agreement
(CBA), employees of the union had been required to work “overtime” on Saturday but
were paid only at regular rates of pay on the thesis that they were not required to
complete, and they did not in fact complete, the eight-hour work period daily from
Monday through Friday. Given the circumstances, the employer contended that the
employees were not entitled to overtime compensation, i.e., with premium rates of pay.
Decide the controversy?

Q17.After working from 10 a.m. to 5 p.m. on a Thursday as one of 5,000 employees in a


beer factory, A hurried home to catch the early evening news and have dinner with his
family. At around 10 p.m. of the same day, the plant manager called and ordered A to fill
in for C who missed the second shift.

a. May A be required to render overtime work, under pain of disciplinary sanction?

b. Assuming that A was made to work from 11 p.m. on Thursday until 2 a.m. on Friday,
may the company argue that, since he was two hours late in coming to work on
Thursday morning, he should only be paid for work rendered from 1 a.m. to 2 a.m.?
Explain.

Q18. A worked as a roomboy in La Mallorca Hotel. He sued for underpayment of wages


before the NLRC, alleging that he was paid below the minimum wage. The employer
denied any underpayment, arguing that based on long standing, unwritten policy, the
Hotel provided food and lodging to its housekeeping employees, the costs of which
were partly shouldered by it and the balance was charged to the employees. The
employees’ corresponding share in the costs was thus deducted from their wages. The
employer concluded that such valid deduction naturally resulted in the payment of
wages below the prescribed minimum.

If you were the Labor Arbiter, how would you rule? Explain.

Q19. Corporation X is owned by L’s family. L is the President. M, L’s wife, occasionally
gives loans to employees of Corporation X. It was customary that loan payment was
paid to M by directly deducting from the employee’s monthly salary. Is this practice of
directly deducting payments of debts from the employee’s wages allowed?

Q20. Which of the following is not a valid wage deduction?

(a) Where the worker was insured with his consent by the employer, and the
deduction is allowed to recompense the employer for the amount paid by him as
the premium on the insurance;
(b) When the wage is subject of execution or attachment, but only for debts
incurred for food, shelter, clothing and medical attendance;
(c) Payment for lost or damaged equipment provided the deduction does not
exceed 25°/o of the employee's salary for a week;
(d) Union dues.
Good day,

Ms.
@Ge Gray
, kindly check my email.

Those who haven't submitted yet, please label your file in the following format:

Lastname, First name_LEP

Kindly send us a soft copy/typewritten in PDF or Microsoft Word. of your answers, not
handwritten answers po. Thank you.

Deadline: Nov. 5 12 midnight to [email protected]

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