PRACTICAL EXERCISES

BOOK III – CONDITIONS OF EMPLOYMENT

1. 2012 BAR Q. NO. 2: The following are excluded from the coverage of Book III of the
Labor Code of the Philippines (Conditions of employment) except:

a. Field personnel;

b. Supervisors;

c. Managers;

d. Employees of government-owned and controlled corporations.

2. 2012 BAR Q. NO. 17: The provisions of the Labor Code on the Working Conditions and
Rest Periods of employees are inapplicable to the following employees, except :

a. A supervisor in a fast food chain;

b. A family driver;
c. A laborer without any fixed salary, but receving a compensation depending upon
the result of his work;
d. A contractual employee.
3. 2002 BAR Q. NO. III: Socorro is a clerk-typist in the Hospicio de San Jose, a charitable
institution dependent for its existence on contributions and donations from well-
wishers. She renders work eleven (11) hours a day but has not been given overtime pay
since her place of work is charitable institution. Is Socorro entitled to overtime pay?
Explain briefy.

4. 2011 BAR Q. NO. (34): Piece rate employees” are those who are paid by results or other
non-time basis. As such they are NOT entitled to overtime pay for work done beyond
eight hours if

(A) their workplace is away from the company's principal place of work.
(B) they fail to fill up time sheets.
(C) the product pieces they do are not countable.
(D) the piece rate formula accords with the labor department’s approved rates.
5. 1992 BAR Q. NO. I(a): Republic Drug Co. has 1,000 employees, including 50 managerial
personnel, 90 supervisors and 150 sales representatives. The regular workday in the
Company if from 8:00 a.m to 5:00 p.m. the sales representatives register their presence
with the timekeeper at 8:00 a.m., every day before they go to their respective sales
territories. They are paid a basic salary plus commission. Sixty of the sales
representatives are members of the Republic Salesman Union which sent to the
Company a set of bargaining proposals, including a demand for payment of overtime pay
 of the sales representatives for working beyond 5:00 p.m. everyday. The Company
refused to consider the bargaining proposals and rejected the demand for overtime pay
for the reason that the sales representatives are not entitled thereto. The Union filed an
unfair labor practice case against the Company for refusal to bargain, and after
complying with the legal requirements declared a strike. A) Was the Company legally
justified in rejecting the Union’s demand for overtime pay? Reason.
6. 2005 BAR Q. NO. V (c): Under what conditions may a “compressed work week” schedule
be legally authorized as an exception to the “eight-hour a day” requirement under the
Labor Code?

7. 2011 BAR Q. NO. (2): Pol requested Obet, a union officer and concurrently chairman of
the company's Labor-Management Council, to appeal to the company for a
recomputation of Pol’s overtime pay. After 5 p.m., his usual knock-off time, Obet spent
two hours at the Personnel Office, reconciling the differing computations of Pol’s
overtime. Are those two hours compensable?

(A) Yes, because Obet performed work within the company premises.
(B) No, since Obet’s action has nothing to do with his regular work assignment.
(C) No, because the matter could have been resolved in the labor-management council
of which he is the chairman.
(D) Yes, because the time he spent on grievance meetings is considered hours worked.
8. 2004 BAR Q. NO. VII: Gil Bates, a computer analyst and programmer of Hard Drive
Company, works eight hours a day for five days a week at the main office providing
customers information technology assistance. On Saturdays, however, the company
requires him to keep his cellular phone open from 8:00 a.m. to 5:00 p.m. so that the
Management could contact him in case of heavy work load or emergency problems
needing his expertise. May said hours on Saturdays be considered compensable working
hours “while on call”?
9. 1997 BAR Q. NO. XVIII: Lito Kulangkulang and Bong Urongsulong are employed as truck
drivers of Line Movers, Inc. Usually, Lito is required by the personnel manager to just
stay at the head office after office hours because he could be called to drive the trucks.
While at the head office, Lito merely waits in the manager’s reception room. On the
other hand, Bong is allowed to go home after office hours but is required to keep his
cellular phone on so that he could be contacted whenever his services as driver
becomes necessary. Would that hours that Lito and Bong are on call be considered
compensable working hours.
10. 1993 BAR Q. NO. XI: Pedro Sisid is a seaman who was employed in 1990 by Kuhol Ocean
Transport. In May 1993, he was discharged and correspondingly paid vacation pay,
terminal pay and overtime pay for the number of hours he actually rendered service in
excess of his eight (8) working hours a day. Pedro Sisid, however, is dissatisfied with his
overtime pay contending that he is on board the vessel 24 hours a day, or even beyond
his eight (8) working hours which circumstance renders him on call whenever his service
 is needed. Therefore, he insists that he be paid 16 hours a day by way of overtime. Is the
contention of seaman Pedro SIsid tenable? Why?
11. 2012 BAR Q. NO. 49: Which of the following is not compensable as hours worked?
a. Travel away from home;
b. Travel from home to work;
c. Working while on call;
d. Travel that is all in a day’s work.
12. 2011 BAR Q. NO. (17): The meal time (lunch break) for the dining crew in Glorious
Restaurant is either from 10:00 a.m. to 11:00 a.m. of from 1:30 p.m. to 2:30 p.m., with
pay. But the management wants to change the mealtime to 11 a.m. to 12 noon or 12:30
p.m. to 1:30 p.m. without pay. Will the change be legal?
a. Yes, absent an agreement to the contrary, the management determines work
hours and, by law, meal break is without pay.
b. No, because lunch break regardless of time should be with pay.
c. Yes, the management has control of its operations.
d. No, because existing practice cannot be discontinued unilaterally.

13. 2011 BAR Q. NO. (57): Night differential is differentiated from overtime pay in that

(A) while overtime pay is given for overtime work done during day or night, night differential
is given only for work done between 10:00 p.m. and 6:00 a.m.
(B) while overtime pay is paid to an employee whether on day shift or night shift, night shift
differential is only for employees regularly assigned to night work.
(C) while overtime pay is for work done beyond eight hours, night differential is added to the
overtime pay if the overtime work is done between 6:00 p.m. and 12 midnight.
(D) while overtime pay is 25% additional to the employee's hourly regular wage, night
differential is 10% of such hourly wage without overtime pay.
14. 2002 BAR Q. NO. XIII-A: As a tireman in a gasoline station, open twenty four (24) hours a
day with only five (5) employees, Goma worked from 10:00 p.m. until 7:00 p.m. of the
following day. He claims he is entitled to night differential. Is he correct? Explain briefly.
15. 2017 BAR Q. NO. VA: Percival was a mechanic of Pacific Airlines. He enjoyed a meal
break of one hour. However, during meal breaks, he was required to be on stand-by for
emergency work. During emergencies, he was made to forego his meals or to hurry up
eating. He demanded payment of overtime for work done during his meal periods. Is
Percival correct? Explain your answer.

16. 2012 BAR Q. NO. 3: Work may be performed beyond eight (8) hours a day provided that:

a. Employee is paid for overtime work an additional compensation wquivalent to

his regular wage plus at least 25% thereof;
b. Employee is paid for overtime work an additional compensation equivalent to his
regular wage plus at least 30% thereof;
 c. Employee is paid for overtime work an additional compensation equivalent to his
regular wage plus at least 20% thereof;
d. None of the above.

17. 1992 BAR Q. NO. XIV: A manufacturing company operates on a 6-day work-week. It
employs 200 workers whose regular workday is 8 hours. On May 1, 1990, the company
and the Union “M”, the employees: bargaining agent, agreed that the workday be 7
hours from Monday to Wednesday and 9 hours from Thursday to Saturday. The
agreement was ratified by all the employees. In 1998 Union “M” lost is majority status
and Union “P” was certified as bargaining representative. Union “P” filed a claim against
the Company for unpaid overtime pay of the 200 employees from May 1, 1990 when
they started working 9 hours per day, 3 days a week. Invoking the 1990 agreement, the
Company moved to dismiss the claim of Union “P”. decide with reasons.
18. 2022 BAR Q. NO. 2 (b): Krys is a daily-paid factory worker who is required to render eight
hours of work per day. Two days ago, he rendered only seven hours of work as he arrived
late in the morning. Yesterday, Krys worked for nine hours as he was required to assist in
the processing of perishable goods. His supervisor, Rudy, told Krys that he would not get
any overtime pay as his work for nine hours yesterday was meant to offset the one-hour
shortfall in his work the day before. Assuming Krys is entitled to overtime pay, how
much will he get as overtime pay if his daily wage is Php 640.00? Explain briefly.
19. 2002 BAR Q. NO. XIV xxx (B): This year, National Heroes Day (August 25) falss on a
Sunday. Sunday is the rest day of Bonifacio whose daily rate is P500.00. xxx. B. If he
works for ten (10) hours on that day, how much should he receive for his work?

20. 2012 BAR Q. NO. 4: May the employer and employee stipulate that the latter’s regular
or basic salary already includes the overtime pay, such that when the employee actually
works overtime he cannot claim overtime pay?

a. Yes, provided there is a clear written agreement knowingly and freely entered
into by the employees;
b. Yes, provided the mathematical result shows that the agreed legal wage rate and
the overtime pay, computed separately, are equal to or higher than the separate
amounts legally due;
c. No, the employer and employee cannot stipulate includes the overtime pay;
d. A and B.