labor stan notes from azucena's book art.36 - art.90

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  • 8/9/2019 Labor Stan Notes from Azucena's book Art.36 - Art.90

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    Art. 36. Regulatory power.

    ~The Secretary of Laborshall have the power to restrict and regulatethe recruitment and placement

    activities of all agencies within the coverage of this Title and is hereby authorized to issue orders and

    promulgate rules and regulations to carry out the objectives and implement the provisions of this Title.

    Art. 37. Visitorial Power.

    ~ The Secretary of Laboror his duly authoried representati!esmay, at any time, inspect the premises,

    books of accounts and records of any person or entity covered by this Title, require it to submit reports

    regularly on prescribed forms, and act on violation of any provisions of this Title.

    Art. 3". #llegal recruit$ent.

    a. Any recruitment activities, including the prohibited practices enumerated under Article ! of this"ode, to be undertaken by non#licensees or non#holders of authority, shall be deemed illegal and

    punishable under Article $ of this "ode. The %epartment of &abor and 'mployment or any law

    enforcement officer may initiate complaints under this Article.

    b. (llegal recruitment when committed by a syndicate or in large scale shall be considered an offense

    involving economic sabotage and shall be penalized in accordance with Article $ hereof.

    #llegal recruit$ent is dee$ed co$$itted by a syndicate if carried out by a group of three )* ormore persons conspiring and+or confederating with one another in carrying out any unlawful or illegal

    transaction, enterprise or scheme defined under the first paragraph hereof. #llegal recruit$ent is

    dee$ed co$$itted in large scale if committed against three )* or more persons individually or as

    a group.

    c. TheSecretary of Labor and %$ploy$ent or his duly authoried representati!esshall have the

    power to cause the arrest and detention of such non#licensee or non#holder of authority if after

    investigation it is determined that his activities constitute a danger to national security and publicorder or will lead to further eploitation of job#seekers.

    The -ecretary shall order the search of the office or premises and seizure of documents, paraphernalia,

    properties and other implements used in illegal recruitment activities and the closure of companies,

    establishments and entities found to be engaged in the recruitment of workers for overseas

    employment, without having been licensed or authorized to do so.

    (llegal ecruitment %efined # llegal recruitment shall mean any act of canvassing, enlisting,

    contracting, transporting, utilizing, hiring, procuring workers and includes referring, contact services,

    promising or advertising for employment abroad, whether for profit or not, when undertaken by a

    non#license or non#holder of authority contemplated under Article /)f* of 0residential %ecree 1o.

    !!2, as amended, otherwise known as the &abor "ode of the 0hilippines. 0rovided, that such non#

    license or non#holder, who, in any manner, offers or promises for a fee employment abroad to two or

    more persons shall be deemed so engaged. (t shall likewise include the following acts, whether

    committed by any persons, whether a non#licensee, non#holder, licensee or holder of authority.

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    &a' To charge or accept directly or indirectly any amount greater than the specified in the

    schedule of allowable fees prescribed by the -ecretary of &abor and 'mployment, or to make a

    worker pay any amount greater than that actually received by him as a loan or advance3

    &b'To furnish or publish any false notice or information or document in relation to recruitment or

    employment3

    &c'To give any false notice, testimony, information or document or commit any act of

    misrepresentation for the purpose of securing a license or authority under the &abor "ode3

    &d'To induce or attempt to induce a worker already employed to quit his employment in order to offer

    him another unless the transfer is designed to liberate a worker from oppressive terms and

    conditions of employment3

    &e'To influence or attempt to influence any persons or entity not to employ any worker who has not

    applied for employment through his agency3

    &f'To engage in the recruitment of placement of workers in jobs harmful to public health or morality

    or to dignity of the epublic of the 0hilippines3

    &g'To obstruct or attempt to obstruct inspection by the -ecretary of &abor and 'mployment or by his

    duly authorized representative3

    &h'To fail to submit reports on the status of employment, placement vacancies, remittances of

    foreign echange earnings, separations from jobs, departures and such other matters or information

    as may be required by the -ecretary of &abor and 'mployment3

    &i' To substitute or alter to the prejudice of the worker, employment contracts approved and verified

    by the %epartment of &abor and 'mployment from the time of actual signing thereof by the parties up

    to and including the period of the epiration of the same without the approval of the %epartment of

    &abor and 'mployment3

    &(' 4or an officer or agent of a recruitment or placement agency to become an officer or member of

    the 5oard of any corporation engaged in travel agency or to be engaged directly on indirectly in the

    management of a travel agency3

    &)'To withhold or deny travel documents from applicant workers before departure for monetary or

    financial considerations other than those authorized under the &abor "ode and its implementing

    rules and regulations3

    &l' 4ailure to actually deploy without valid reasons as determined by the %epartment of &abor and

    'mployment3 and

    &$' 4ailure to reimburse epenses incurred by the workers in

    connection with his documentation and processing for purposes of deployment, in cases where the

    deployment does not actually take place without the worker6s fault. (llegal recruitment when

    committed by a syndicate or in large scale shall be considered as offense involving economic

    sabotage.

    *he persons cri$inally liablefor the above offenses are the principals, accomplices and

    accessories. (n case of juridical persons, the officers having control, management or direction of their

    business shall be liable.

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    Lac) of Receipts + The absence of receipts cannot defeat a criminal prosecution for illegal

    recruitments. As long as witnesses can positively show through their respective testemonies that the

    accused is the one involved in prohibited recruitment.

    %S*A,A + illegal recruitment can be convicted for violations of the 0" provisions on '-TA4A

    provided the elements of the crime are present.

    )elements*

    the accused defrauded another by abuse of confidence or by means of deceit.

    %amage or prejudice is capable of pecuniary estimation is caused to the offended party.

    Power to issue search or arrest warrants of Art3"&c' + 71"81-T(T7T(81A&

    # 7nder the constitution only a 9udge may issue a warrants of search and arrest.)Art,sec.2*

    )eception*

    (n case of deportation or illegal and undesirable aliens, whom the 0resident or the "ommissioner

    of (mmegration may order arrest for the purpose of deportation.

    -losure /ther anti0illegal recruit$ent acti!ities of P/%A + The procedure to order the closurerecruitment establishment is provided for in the rules of A :;!2;,;;;, or both such imprisonment and fine, at the discretion of the court3

    c. Any person who is neither a licensee nor a holder of authority under this *itle found !iolatingany pro!ision thereof or its i$ple$enting rules and regulations shall , upon conviction thereof,suffer the penalty of imprisonment of not less than four years nor more than eight years or a fine ofnot less than 02;,;;; nor more than 0/;;,;;; or both such imprisonment and fine, at the discretionof the court3

    d. #f the offender is a corporation2 partnership2 association or entity2the penalty shall be imposedupon the officer or officers of the corporation, partnership, association or entity responsible forviolation3 and if such officer is an alien, he shall, in addition to the penalties herein prescribed, bedeported without further proceedings;

    e. (n every case, con!iction shall cause and carry the auto$atic re!ocation of the license orauthority and all the per$its and pri!ileges granted to such person or entity under this *itle2and the forfeiture of the cash and surety bonds in favor of the 8verseas 'mployment%evelopment 5oard or the 1ational -eamen 5oard, as the case may be, both of which areauthorized to use the same eclusively to promote their objectives.

    A%45%5 "89:. &4/;'

    )a* Any person found guilty of illegal recruit$entshall suffer the penalty of imprisonment of notless than si )?* years and one )/* day but not more than twelve )/2* years and a fine not less thantwo hundred thousand pesos )02;;,;;;.;;* nor more than five hundred thousand pesos)0>;;,;;;.;;*.

    )b* The penalty of life imprisonment and a fine of not less than five hundred thousand pesos)0>;;,;;;.;;* nor more than one million pesos )0/,;;;,;;;.;;* shall be imposed if illegalrecruit$ent constitutes econo$ic sabotage as defined herein.

    Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is lessthan eighteen (18) years of age or committed by a non-licensee or non-holder of authority

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    #llegal Recruit$ent as %cono$ic Sabotage &

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    Art. 93. State$ent of ob(ecti!e.

    ~ (t is the objective of this Title to develop human resources, establish training institutions, and formulatesuch plans and programs as will ensure efficient allocation, development and utilization of the nationsmanpower and thereby promote employment and accelerate economic and social growth.

    Art. 99. 5efinitions.

    ~ As used in this Title3. -ouncil Secretariat.

    ~ The "ouncil shall have a -ecretariat headed by a %irector#Feneral who shall be assisted by a %eputy%irector#Feneral, both of whom shall be career administrators appointed by the 0resident of the 0hilippineson recommendation of the -ecretary of &abor. The -ecretariat shall be under the administrative supervisionof the -ecretary of &abor and shall have an 8ffice of Canpower 0lanning and %evelopment, an 8ffice of

    Hocational 0reparation, a 1ational Canpower -kills "enter, regional manpower development offices andsuch other offices as may be necessary.

    The %irector#Feneral shall have the rank and emoluments of an undersecretary and shall serve for a term often )/;* years. The 'ecutive#%irectors of the 8ffice of Canpower 0lanning and %evelopment, the 8ffice ofHocational 0reparation and the 1ational Canpower -kills "enter shall have the rank and emoluments of abureau director and shall be subject to "ivil -ervice &aw, rules and regulations. The %irector#Feneral,%eputy %irector#Feneral and 'ecutive %irectors shall be natural#born citizens, between thirty and fiftyyears of age at the time of appointment, with a masters degree or its equivalent, and eperience in nationalplanning and development of human resources. The 'ecutive %irector of the 1ational Canpower -kills"enter shall, in addition to the foregoing qualifications, have undergone training in center management.'ecutive %irectors shall be appointed by the 0resident on the recommendations of the -ecretary of &aborand 'mployment.

    The %irector#Feneral shall appoint such personnel necessary to carry out the objectives, policies andfunctions of the "ouncil subject to "ivil -ervice rules. The regular professional and technical personnel shallbe eempt from EA0"8 rules and regulations.

    The -ecretariat shall have the following functions and responsibilities1. ?ualifications of apprentice.To qualify as an apprentice, a person shall percent of the applicable minimum wage, may be entered into only in accordance with

    apprenticeship programs duly approved by the -ecretary of &abor and 'mployment. The %epartment shall

    develop standard model programs of apprenticeship. )As amended by -ection /, 'ecutive 8rder 1o. ///,

    %ecember 2!, /$:?*

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    Art. 6:. Signing of apprenticeship agree$ent.

    'very apprenticeship agreement shall be signed by the employer or his agent, or by an authorizedrepresentative of any of the recognized organizations, associations or groups and by the apprentice.

    An apprenticeship agreement with a minor shall be signed in his behalf by his parent or guardian, if the latteris not available, by an authorized representative of the %epartment of &abor, and the same shall be bindingduring its lifetime.

    'very apprenticeship agreement entered into under this Title shall be ratified by the appropriateapprenticeship committees, if any, and a copy thereof shall be furnished both the employer and theapprentice.

    Art. 63. Venue of apprenticeship progra$s.

    Any firm, employer, group or association, industry organization or civic group wishing to organize anapprenticeship program may choose from any of the following apprenticeship schemes as the trainingvenue for apprentice. #n!estigation of !iolation of apprenticeship agree$ent.

    7pon complaint of any interested person or upon its own initiative, the appropriate agency of the%epartment of &abor and 'mployment or its authorized representative shall investigate any violation of anapprenticeship agreement pursuant to such rules and regulations as may be prescribed by the -ecretary of&abor and 'mployment.

    Art. 66. Appeal to the Secretary of Labor and %$ploy$ent.The decision of the authorized agency of the %epartment of &abor and 'mployment may be appealed byany aggrieved person to the -ecretary of &abor and 'mployment within five )>* days from receipt of thedecision. The decision of the -ecretary of &abor and 'mployment shall be final and eecutory.

    Art. 67. %haustion of ad$inistrati!e re$edies.

    1o person shall institute any action for the enforcement of any apprenticeship agreement or damages forbreach of any such agreement, unless he has ehausted all available administrative remedies.

    Art. 6". Aptitude testing of applicants.

    "onsonant with the minimum qualifications of apprentice#applicants required under this "hapter, employersor entities with duly recognized apprenticeship programs shall have primary responsibility for providingappropriate aptitude tests in the selection of apprentices. (f they do not have adequate facilities for thepurpose, the %epartment of &abor and 'mployment shall perform the service free of charge.

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    Art. 61. Responsibility for theoretical instruction.

    -upplementary theoretical instruction to apprentices in cases where the program is undertaken in the plantmay be done by the employer. (f the latter is not prepared to assume the responsibility, the same may bedelegated to an appropriate government agency.

    Art. 78. Voluntary organiation of apprenticeship progra$s ee$ptions.

    a. The organization of apprenticeship program shall be primarily a voluntary undertaking by employers3

    b. Ehen national security or particular requirements of economic development so demand, the0resident of the 0hilippines may require compulsory training of apprentices in certain trades,occupations, jobs or employment levels where shortage of trained manpower is deemed critical asdetermined by the -ecretary of &abor and 'mployment. Appropriate rules in this connection shall bepromulgated by the -ecretary of &abor and 'mployment as the need arises3 and

    c. Ehere services of foreign technicians are utilized by private companies in apprenticeable trades,said companies are required to set up appropriate apprenticeship programs.

    Art. 7=. 5eductibility of training costs.An additional deduction from taable income of one#half )/+2* of the value of labor training epensesincurred for developing the productivity and efficiency of apprentices shall be granted to the person orenterprise organizing an apprenticeship program< 0rovided, That such program is duly recognized by the%epartment of &abor and 'mployment< 0rovided, further, That such deduction shall not eceed ten )/;G*percent of direct labor wage< and 0rovided, finally, That the person or enterprise who wishes to avail himselfor itself of this incentive should pay his apprentices the minimum wage.

    Art. 7:. Apprentices without co$pensation.

    The -ecretary of &abor and 'mployment may authorize the hiring of apprentices without compensation

    whose training on the job is required by the school or training program curriculum or as requisite for

    graduation or board eamination.

    ;or)ing Scholar Liability of School

    There is no employee#employer relationship betwee students on hand, and schools, colleges or universities,

    on the other hand, where there is written agreement between them under which the former agree to work for

    the latter in echange for the privilege to study free of charge, provided that students are given real

    opportunities, including such facilities as may be reasonable and necessary to finish their chosen courses

    under such agreement. )(mplementing ules, ule J, -ec./!*

    ule J @ merely a guide to the enforcement of the substantive law on labor.

    not a decisive law in civil suit for damages instituted be the injured person during a

    vehicular accident against a working student of a school or the school itself.

    L%AR4%RS

    Art. 73. Learners defined.

    &earners are persons hired as trainees in semi#skilled and other industrial occupations which are non#apprenticeable and which may be learned through practical training on the job in a relatively short period oftime which shall not eceed three )* months.

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    Art. 79. ;hen learners $ay be hired.

    &earners may be employed when no eperienced workers are available, the employment of learners isnecessary to prevent curtailment of employment opportunities, and the employment does not create unfaircompetition in terms of labor costs or impair or lower working standards.

    Art. 7>. Learnership agree$ent.

    Any employer desiring to employ learners shall enter into a learnership agreement with them, whichagreement shall includeG* of the applicable minimum wage3 and

    d. A commitment to employ the learners if they so desire, as regular employees upon completion of thelearnership. All learners who have been allowed or suffered to work during the first two )2* monthsshall be deemed regular employees if training is terminated by the employer before the end of the

    stipulated period through no fault of the learners.

    The learnership agreement shall be subject to inspection by the -ecretary of &abor and 'mployment or hisduly authorized representative.

    Art. 76. Learners in piecewor).

    &earners employed in piece or incentive#rate jobs during the training period shall be paid in full for the workdone.

    Art. 77. Penalty clause.

    Any violation of this "hapter or its implementing rules and regulations shall be subject to the general penaltyclause provided for in this "ode.

    Learnership !s. Apprenticeship

    # The similarity G lower than tha applicable legal minimum wage.

    # They differ in the focus and terms of training. %omestic =elpers and 0ersons in personal service

    ?. Eorkers who are paid by results as determined under %8&' regulations.

    Art. "3. 4or$al hours of wor).

    ~The normal hours of work of any employee shall not eceed eight ):* hours a day.

    ~=ealth personnel in cities and municipalities with a population of at least one million )/,;;;,;;;* or in

    hospitals and clinics with a bed capacity of at least one hundred )/;;* shall hold regular office hours for

    eight ):* hours a day, for five )>* days a week, eclusive of time for meals, ecept where the eigencies

    of the service require that such personnel work for si )?* days or forty#eight )!:* hours, in which case,

    they shall be entitled to an additional compensation of at least thirty percent );G* of their regular wage

    for work on the sith day. 4or purposes of this Article, Bhealth personnelB shall include resident

    physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians,

    paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

    Purpose of the "0hour Labor Law

    # To safeguard the health and welfare of the &aborer or 'mployee.

    # To minimize unemployment by forcing employers, in cases where more than : hour operation is necessary

    to utilize different shifts of laborers or employees working only :#hours each.

    Part ti$e ;or)@ not prohibited

    Eork hours of =ealth 0ersonnel

    # covered in the !;#hour workweek.

    # the !;#hour workweek would not be applicable if there is a training agreement between resident physician

    and the hospital and the training program is duly accredited by appropriate government agency.

    *wel!e Bour wor)shift with o!erti$e

    # Eorkshift may eceed :hrs. 5ut with corresponding 8H'T(C' 0AD.

    Art. "9. Bours wor)ed.

    ~ =ours worked shall include )a* all time during which an employee is required to be on duty or to be at a

    prescribed workplace3 and )b* all time during which an employee is suffered or permitted to work.

    ~est periods of short duration during working hours shall be counted as hours worked.

    Bours ;or)ed

    #RR sec.9

    Preli$inary and Postli$inary Acti!ities

    # are deemed performed during working hours, where such activities are controlled or required by the

    employer and are pursued necessarily and primarily for the employers benefit.

    ;aiting ti$eF %ngaged to wait or waiting to be engagedI

    # Ehether waiting time constitutes working time depends upon the circumstances of each particular case

    and is a question of fact to be resolved by appropriate finding in the trial court.

    # The controlling factor is whether waiting time dpent in idleness is so spent predominantly for the employers

    benefit or for the emplyees.

    # Eaiting time spent by an employee shall be considered as working time if waiting is condered an integral

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    part of his work or if the employee is required or engaged by an employer to wait.

    ;or)ing while eating

    # The emplyee must be completely relieved from duty for the ourpose of eating regular meals.

    # The meal time is 18T compensable if he is completely freed from duties during his meal period even

    though he remains in the workplace.

    #5ut if the employee is not relieved if he is required to perform his duties, whether active or inactive, while

    eating .

    ;or)ing while Sleeping

    # Eorking while sleeping may be working.

    # Ehether sleeping time is allowed an employee will be considered as part of his working time will depend

    upon the epress or implied agreement of the parties.

    # 7&'< sleeping time may be considered working time if it is subject to serious interruption or takes place

    under conditions substantially lass desirable than would be likely to eist at the employers home.

    /n -all

    # An employee who is required to remain on call on the employers premises or so close thereto that he

    cannot use the time effectively for his own purposes is working while Kon call.L

    # An employee who is 18T required to remain on the employers premises but is merely required to leave

    word at his home or with company officials where he may be reached is not working while on call.

    ;ith -ellular Phone or /ther -ontact 5e!ices

    # An employee who is kept Kwithin reachL through his mobile telephone or other contact device is 18T at

    work beyong his regular hours.

    *ra!el *i$e

    # depends on the kind of travel involved.

    5epart$ent of Labor anual

    )/* Travel 4rom =ome to Eork @ An 'mplyee who travels from his house before his regular workday

    and returns home at the end of the workday is ordinary#travel#home#to#

    work. 18T E8QT(C'

    # 5ut while normal travel home, worker receives a call and is required to to his regular place of business or

    some other work site, A&& 84 T=' T(C' -0'1T (1 -7"= TAH'& (- E8Q(1FT(C'.

    )2* Travel that is all in the %ays Eork @ Ehen travel is part of his principal activity, such travel from

    jobsite to jobsite during work day is counted as hours worked.

    K0AT 84 %AD- E8QL must be counte as hours worked.

    )* Travel away from home @ Travel that keeps an employee away from home overnight.

    Travel away from home is clearly worktime when it cuts across the employees

    workday

    Any work which an employee is required to perform while traveling must, of course, be counted as

    working hours.

    Lectures2 $eeting and training progra$s

    # need not be counted as working time if the following criteria are metG*

    thereof. Eork performed beyond eight hours on a holiday or rest day shall be paid an additional

    compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty

    percent );G* thereof.

    /!er*i$e Pay

    # (t is an additional pay for services or work rendered or performed in ecess of eight hours a day by

    employees or laborers in employment covered by the :hour &abor &aw and eempt from its requirements.

    #ationale < The additional work, labor or services employed and the adverse effects of his longer stay in his

    place of work that justify and are the real reason for the etra compensation that is called overtime pay.

    4ight 5ifferential and /!erti$e Pay

    # 1ight %ifferential @ is payment for work done during night

    # 8vertime 0ay @ is payment for the ecess of regular :hour work.

    /!erti$e rate based on Regular wage

    # 8vertime pay is compensation added to the Kregular wageL

    # K'F7&A 5A-' 0ADL means the regular basic pay and necessarily ecludes money received in

    defferent concepts such as "hristmas bonus and other fringe benefits.

    Pre$iu$ pay when included or ecluded in co$puting o!erti$e pay

    # The premium pay for work performed on the employees rest days or on special days or regular holidays is

    included as part of the regular rate of the employer in the computation of of overtime pay for any overtime

    work rendered on said days , espcially is the employer pays only the minimum overtime rates prescribed by

    law.

    # 7nless there is an agreement more favorable to the worker, the overtime rate is ;G of the rate for the first

    :hours on a holiday or rest day. Thus, the holiday or rest day premium should first be added to the regular

    base pay before computing the overtimpay on such day.

    Paid unwor)ed days of a $onthly 0paid e$ployee

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    # A divisor lower than K?>L does not necessarily mean that the employee is not monthly#paid.

    # An employer may stipulate that the employee6s monthly salary constitutes payment for all the days of the

    month, including rest days and holidays. This situation is legally permissible because the unworked days,

    included in the employee6s monthly salary, are considered paid.

    Bow Gwor) dayH is counted

    # K%ADL is understood to be the twenty#four #hour period which commences from the time the employee

    regularly starts to work.

    #GAny work in ecess of : hours within the 2! hour period is considered as overtime work.

    # any work in ecess of :hours 18T falling within the 2!hour period in not considered as overtime work.

    )a.* 5roken hours of work @ the minimum normal working hours fied by the act need not be continuous to

    constitute as the Klegal working dayL of :hours as long as the :hour is within a work day.

    )b.* Eork in different shifts in a Eork day @ Eork in ecess of :hours within a workday is considered as

    overtime regardless of whether this is performed in a work shift other than at which the employee regularly

    work.

    ,actual and Legal asis of -lai$

    # it is sufficient that the employee is permitted or suffered to work.

    %J-%P*#/4 to the rule that o!erti$e co$pensation cannot be wai!ed

    # Ehen the alleged waiver of overtime pay is in consideration of benefits and privileges which may be more

    that what will accrue to them in overtime pay, the waiver may be permitted.

    /!erti$e pay #ntegrated in asic Salary

    All#inclusive salary # 'mployer and 'mployee stipulate that the latters regular or basic salary already

    includes the overtime pay.

    # 1ot per se illegal.

    RRR # there should be an epress agreement.

    equisites< )/* base pay with integrated overtime pay is a clear written agreement knowingly and

    freely entered into by the employee.

    )2* the agreed legal wage rate and the overtime pay, computed separately are equal to or higher than the

    separate amounts legally due.

    -o$pressed wor) wee) 5ole ad!isory 4o. 8:089

    # Another instance of waiver of overtime pay.

    # under thid scheme the number of work days is reduced but the number of work hours in a day is increased

    to more than :, but no overtime pay may be claimed.

    # -;; sche$e is !alid only if the conditions atated in the ad!isory are obser!ed otherwise o!er

    ti$e pay $ay still be clai$ed.

    &the conditions areF'

    )/* the scheme is epressly and voluntarily supported by majority of the employees affected.

    )2* (n firm operating in conditions hazardous to health needed a certification from an accredited safety

    organization that worked beyond : hours is within limits of eposure of %8&' occupational safety and health

    standards.

    )* The %8&' regional office is duty notified.

    %ffects of -;;

    # emplyees are entitle to meal periods of not less than ?; mins....

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    Art. "". Dnderti$e not offset by o!erti$e.

    7ndertime work on any particular day shall not be offset by overtime work on any other day. 0ermission

    given to the employee to go on leave on some other day of the week shall not eempt the employer from

    paying the additional compensation required in this "hapter.

    Dnderti$e does not offset o!erti$e

    # because unfairness would be evident from the fact that the undertime hours represent only the employees

    hourly rate while the overtime hours reflects both the employees hourly rate of pay and the appropriate

    overtime premium such that not being of equal value, offsetting the undertime hours over the overtime hours

    would result to undue deprivation of the employees overtime premium.

    Art. "1. %$ergency o!erti$e wor).

    Any employee may be required by the employer to perform overtime work in any of the following cases