Practice question
A guard's appointment specifies 12-hour days and a monthly amount repeatedly described as basic salary. There is no clear allocation of overtime, but the employer later argues that every peso above minimum wage must be treated retrospectively as payment for the extra four hours. The worker is covered by overtime law and proves the extra work. Which follows PESALA?
- A 12-hour schedule conclusively proves the salary included overtime.
- Every above-minimum salary can automatically be split retrospectively.
- A basic-salary description is never relevant.
- The employer's assertion does not establish lawful overtime payment; the vague schedule and above-minimum amount are insufficient.
- The worker must surrender the basic salary to claim overtime.
Legal references
- PAL Employees Savings and Loan Association v NLRC, G.R. 105963, August 22 1996, main opinion: https://lawphil.net/judjuris/juri1996/aug1996/gr_105963_1996.html
- Labor Code Articles 82–88, official DOLE consolidated 2022 edition: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf — Articles 82,87.
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