August 9, 2019 Transcription #2
A: Legally, you cannot have by definition. But, you
Tanawa nang uyanguren hardware maingon
nimog makaluluoy nang tundahan. Tanawa nang
balay sa tag iya, isa ka block sa obrero. It’s in the
top 100 corporations in the Philippines. Time was
when the children lived with the parents. Because
of that they were dependent in their parents for
support they cannot even tell how much they were
receiving. Pangutan on nimo nang mga anak sa
owner na nagtrabaho sa iyang amahan, pila man
imong sweldo? “wala koy sweldo” until you ask
mroe questions and he says he pays via credit
card.
There is a pre existing fundamental relationship
between the owner and the worker that overrides
employer employee relationship. That must mean
that they are receiving even more than a regular
employee even if numerically it cannot be
determined. So the law will leave them where they
are. Remember, it is when the employee is a
member of the family dependent on the employer
for support. That includes a retired parent who
lives with his son who now manages a business
and the retired parent is not covered by labor
standards benefits because they are actually
receiving more than a regular worker.
5TH GROUP: DOMESTICS
There is now a new law covering domestics and
they are now called “Kasambahay.”
The law is RA 10361, Kasambahay law.
The kasambahay is not included in the labor code.
There is a separate law because the kasambahay
is governed by certain protocols that are already
ingrained in our culture and antedates the
industrial revolution.
Q: Who is a kasambahay?
A: the definition in the labor code is one who is
engaged to work by a household to minister to the
personal comfort and safety of the members of the
household.
So you must have a household in order for you to
engage in kasambahay. If you are not a family,
you cannot have kasambahay. Supposed you are
in blessed singleness, can you have a domestic?
can have the 6th group: Persons in the personal
service of another.
This dates back to the times of aristocracy in the west.
The british tradition of the chief butler of the house.
You have a butler, a chauffeur, a chambermaid, a
nanny. They have different rankings. This group is
also not covered by the labor code.
In the older days, they were really considered as
members of the family. So much so that when the
head of the family dies, it was customary to leave
legacies to these different loyal members of the
household.
When Prince William married Kate, president arroyo
wanted to get an invitation in the buckingham palace.
She didn’t get it. But there was a woman from
bacolod who was sitting at the second row. She was
the nanny of Prince William.
Imelda Marcos wanted to much to be with royalty.
She could not. How can you tell that somebody is
sprung from royalty? Mulingkod gani ka ug mutan aw
kag naay lingkurana, dili ka royalty. You are a
pedestrian. Kay kung royalty ka, kabalo ka na naay
bangko. If that’s the mark of royalty, napahiya si
imelda. Tan aw pa man sya sa likod.
Because there is this whole tradition behind
“kasambahays” and persons in the personal service
of another, the yare excluded from the regular labor
standards benefits.
They are not really properly under the labor code.
Then you have the “pakiao” workers. Pakiao is a
legal term as long as you spell it according to the
spelling of the labor code: P-A-K-I-A-O.
In english it is, piece rate worker or workers paid by
results.
2 KINDS OF PAKIAO WORKERS
1. Piece rate
2. Paid by results
PIECE RATE
1. Your output is uniform units of the same kind,
size and weight.
2. You are paid on a per piece basis
a) Because you are paid on a per piece
basis, there is no over time. You are
not given hours of work.
Land mark case for piece rate workers:
Red V Coconut Products Ltd. Vs. CIR
G.R. No. L-21348
June 30, 1966
FACTS: Tanglaw ng Paggawa and Red V Coconut
Products, Ltd. entered into a collective bargaining
agreement. The collective bargaining agreement
provided among other things for payment of
differentials to night shift workers in the desiccated
coconut factory.
It stated:
The present shift differential will remain in effect,
namely, 35¢ for the second shift and 55¢ for the third
Shift.
Then factory workers of this union filed a petition for
differential pay for working shifts of 12 hours each.
The Court of Industrial Relations, in 1963 after trial,
rendered its decision on the petition for differential
pay (CIR Case No. 1642-V). It found therein that the
petitioners-workers are engaged on pakiao or
piece-work basis, and, therefore, are not entitled to
overtime pay under the Eight-Hour Labor Law (Sec.
2, CA 444).
ISSUE:
1. What kind of workers are they?
2. Are they entitled to overtime pay?
RULING:
1. They are not strictly under the full concept of
piece-workers as contemplated by law for the
reason that their hours of work — that is, 12 hours
per shift — are fixed by the employer.
Philosophy underlying Piece rate worker’s
exception from the 8 hour law
The philosophy underlying the exclusion of piece
workers from the Eight-Hour Labor Law is that said
workers are paid depending upon the work they
do "irrespective of the amount of time
employed" in doing said work.
Such freedom as to hours of work does not obtain in
the case of the laborers herein involved, since they
are assigned by the employer to work in two shifts
for 12 hours each shift. Thus it cannot be said that
for all purposes these workers fall outside the law
requiring payment of compensation for work done in
excess of eight hours. At least for the purpose of
recovering the full differential pay stipulated in the
bargaining agreement as due to laborers who
perform 12 hours of work under the night shift, said
laborers should be deemed pro tanto or to that
extent within the scope of the afore-stated law.
2. YES
Although the Eight-Hour Labor Law provides that it
does not cover those workers who prefer to be paid
on piece-work basis (Sec. 2, CA 444), nothing in
said law precludes an agreement for the payment of
overtime compensation to piece-workers.
And in agreeing to the provision for payment of shift
differentials to the petitioners-workers
aforementioned, in the bargaining agreement, as
well as in actually paying to them said differentials,
though not in full, the company in effect freely
adhered to an application and implementation of the
Eight-Hour Labor Law, or its objectives, to said
workers.
If you are a piece rate worker, you are not given time.
If you are and you are given time, you cease to
become a piece rate worker.
There is this big plant of timex in the Philippines.
They have a quota. They are time workers with quota.
But the quota is for purposes of efficiency. The
moment you miss your quota, you are warned. If you
miss it the third time you are sent back to training.