2019 Labor Law

Q. Bongladesh applied for the position of driver in the motorpool of New Era Company, a
multinational corporation. Bongladesh was informed that he would frequently be working overtime
as he would have to drive for the companys executives even beyond the ordinary eight-hour work
day. He was provided with a contract of employment wherein he would be paid a monthly rate
equivalent to 35 times his daily wage, regular sick and vacation leaves, 5 day-leave with pay every
month and time off with pay when the companys executives using the cars do not need Bongladess
service for more than eight hours a day, in lieu of overtime. Are the above provisions of the contract
of employment in conformity with, or violative of the law?

Suggested answer:

In so far as the terms that there is no payment for overtime, these would be violative of the
law because the law requires that for work performed beyond eight hours there should be an
additional compensation by way of overtime pay as provided by the Labor Code.

Q. Arnel Season entered into a written agreement with Baste College to work for the latter in
exchange for the privilege of studying in said institution. Arn Sisons work was confined to keeping
clean the lavatory facilities of the school. One schoolday, Arn Sison got into a fistfight with a
classmate, Jun-John Saliba, as a result of which the latter sustained a fractured arm. Jun-John Saliba
filed a civil case for damages against Arnel Season, impleading Baste College due to the latters
alleged liability as an employer of Arnel Season. Under the circumstances, could Baste College be
held liable by Jun-John Saliba as an employer of Arnel Season?

Suggested answer:

The school cannot be held liable as an employer because there is no employer-employee

relationship between the working scholar and the school provided there is a written agreement
between them under which the student agree to work for the school in exchange for the privilege to
study free of charge; provided, further, that the students are given real opportunities, including such
facilities as may be reasonable and necessary to finish their chosen courses under such agreement.

Q. (a) Describe a closed shop agreement. Does it differ from an agency shop agreement?

Suggested answer:

A closed shop agreement is an agreement wherein an employee will have to remain a union
member in good standing as a condition for employment.

Yes because an agency shop agreement requires the payment of an amount that is
equivalent to the union dues paid by the union member from those employees who are not union
members but take advantage of the CBA obtained by the sole and exclusive bargaining unit
representative.

(b) Are the above agreements legal?

Suggested answer:

Yes, the above agreements are legal because these are provided under the Labor Code.