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AllBar 2024CIVIL LAWI. EFFECT AND APPLICATION OF LAWSI. Interpretation of Doubtful Statutes (Civil Code, Art. 10)

Question

Question:

Marvin and Samantha, both employees of XYZ Corporation, have been disputing the method of computation for their overtime pay. Marvin claims that overtime pay should be based on the number of hours worked beyond the regular 8-hour workday, while Samantha argues that it should be based on the number of hours worked beyond the 40-hour workweek. The company's employee handbook does not specifically state which method should be applied for computing overtime pay.

As the HR manager of XYZ Corporation, you are tasked with resolving this dispute. Applying the doctrine of interpretation of doubtful statutes under Article 10 of the Civil Code, discuss the following:

  1. How would you interpret the employee handbook provision on overtime pay in order to resolve the dispute between Marvin and Samantha?
  2. What factors would you consider in determining the intention of the employer in regard to the method of computation for overtime pay?
  3. Can the interpretations of Marvin and Samantha be given equal weight? Explain your answer.



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Bar Review Question: Question: Marvin and Samantha, both employees of XYZ Corporation, have been disputing the method o