National Sugar vs.

NLRC case 71
Atty. Magsino: Why is there a need to determine if person is a
supervisory employee?
Answer: To determine the benefits that must be given to the
employee to wit, overtime pay etc.
Non supervisory can be a managerial employee.
Managerial employees are not entitled to overtime pay, etc.
Three types: managerial, supervisory and rank and file.
Apex Mining vs. NLRC case 82
The petitioner herein is not considered as a domestic helper within
the ambit of the Labor Law
Atty. Magsino: What justifies classifying a person as a regular
employee?
Answer: If the employee does not perform services within the
meaning of Art. 139 of the Labor Code. If the employee does not
perform services in the employers home which is usually necessary
or desirable for the maintenance and enjoyment thereof and does
not include ministering to the personal comfort and convenience of
the members of the employers household. In this case, the
employee is not performing services for the employees family but
for the corporation, hence, she is considered as an employee of the
corporation.
San Miguel vs. Democratic Labor case no. 83
Correct doctrine.
Rada vs. NLRC case 84
Atty. Magisno: Why is it that the driver is entitled to overtime pay?
Answer: because the reason was at the time he gets into the car he
is working because he has to get some of the employees to go to
the office at a specific time. This indicates that this is for the benefit
of the employer and not of the employee.
Pan American vs. Pan American Employees Association case 85
Atty. Magsino: As a general rule the one hour period is not
compensable. In this case the 1 hour period is compensable. STUDY
THE DOCTRINE!!!
Arica vs. NLRC 86
Atty. Magsino: The 30 minute time is not compensable because the
employer has no absolute control and the work they perform in such

time was not for the benefit of the employer. Why because it is only
for roll calls and the assignments of their jobs, they can go to their
house after those.

National Shipyards vs. CIR case 87

Atty. Magsino: Doctrine There is no proof of actual work for the
excess hours, the excess 16 hours.
Caltex Regular Employees vs. Caltex case 88
Atty. Magsino: If an employee works 48 hours a week, the 8 hours is
overtime. The general rule is 8 hours a day. 8 hours is for a day and
40 hours is for a week. What is the basis of the 40 hours? The five
days which is Monday to Friday. Because 5 times 8 is equal to 40,
any work beyond 40 hours is overtime until Friday.
However, if an employee works beyond 8 hours a day, it is
considered overtime despite the work week because the provision
says work beyond 8 hours is compensable of overtime.
40 hours means Monday to Friday, it does not mean that if your
work 10 hours a day you are not compensable of overtime pay, it is
compensable at regular rate.
Cagampan vs. NLRC 89
Atty. Magsino: Doctrine Proof of actual work for the excess hours.
Why do you need to ask for consent? Because you dont have
authority.
Because the contract only requires a specific time, or an absence of
it, the law requires 8 hours. It is only just and equitable for the
employee to work 8 hours. That is why there is a need for an
employee to prove actual work of overtime pay.
Why do you need to prove actual work for overtime?
Answer: In order for the employer to be liable for payment of
overtime because overtime is extraordinary, over and above of what
is required by the contract and what is required by law. In order for
this to happen, the employee must have given his consent to his
employer to render work which is in excess of the required 8 hours
or what is written in the contract.
Lagatic vs. NLRC case 90

Atty. Magsino: why can you not offset undertime by overtime?

Answer: It will be prejudicial to the employee. Because he will lost
the premium pay he had rendered for the excess overtime.