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(a) Government employees whether employed by the National Government or any of its political subdivision, including those employed in government-owned and/or controlled corporations; (b) Managerial employees, if they meet all of the following conditions: ( ) !heir primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof" (#) !hey customarily and regularly direct the wor$ of two or more employees therein" (%) !hey have the authority to hire or fire employees of lower ran$; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight" (c) Officers or members of a managerial staff if they perform the following duties
Wages
a) &arm tenancy/lease hold b) Domestic service (drivers, yayas) c) 'ersons wor$ing at home in needle wor$ d) ()(* (not more than '%m) e) +ooperatives
SIL
(a) !hose of the government and any of its political subdivisions, including governmentowned and controlled corporations; (b) Domestic helpers and persons in the personal service of another; (c) )anagerial employees as defined in (oo$ !hree of this +ode; (d) Field personnel and other employees whose performance is unsupervised by the employer including those who are engaged on tas$ or contract basis, purely commission basis, or those who are paid a fi,ed amount for performing wor$ irrespective of the time consumed in the performance thereof; (e) !hose who are already en.oying the benefit herein provided; (f) !hose en.oying vacation leave with pay of at least five days; and (g) !hose employed in establishments regularly employing less than ten employees"
and responsibilities: ( ) !he primary duty consists of the performance of wor$ directly related to management policies of their employer; (#) +ustomarily and regularly e,ercise discretion and independent .udgment; and (%) (i) 0egularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) e,ecute under general supervision wor$ along speciali1ed or technical lines re/uiring special training, e,perience, or $nowledge; or (iii) e,ecute, under general supervision, special assignments and tas$s; and (2) 3ho do not devote more than #- percent of their hours wor$ed in a wor$ wee$ to activities which are not directly and
closely related to the performance of the wor$ described in paragraphs ( ), (#) and (%) above" (d) Domestic servants and persons in the personal service of another if they perform such services in the employer4s home which are usually necessary or desirable for the maintenance and en.oyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employer4s household" (e) Workers who are paid by results, including those who are paid on piece-wor$, 5ta$ay,5 5pa$iao5 or tas$ basis, and other non-time wor$ if their output rates are in accordance with the standards prescribed under 6ection 7, 0ule 899, (oo$ !hree of these regulations, or where such rates have been fi,ed by the 6ecretary of :abor and *mployment in accordance with the aforesaid 6ection" (f) Non-agricultural field personnel if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose
actual hours of wor$ in the field cannot be determined with reasonable certainty" Note: piece-rate workers are entitled to overtime pay (Labor Congress v NLRC, 1998 (p! 8", #$%cena