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Philippine Bar review · Question

Practice question: Built-in Overtime

Multiple Choice Hard

Practice question

An employer cites Engineering Equipment v Minister of Labor to argue that any government-approved contract may waive overtime for every covered rank-and-file employee. It omits that the decision relied on its particular approved arrangement and the claimant's undisputed managerial status. Which response is correct?
  1. The case creates a universal exemption for all approved contracts.
  2. Government approval always overrides mandatory labor standards.
  3. Job titles alone conclusively determine overtime coverage.
  4. The case abolishes Article 87 for all employees.
  5. The asserted universal rule exceeds the decision; coverage, the actual agreement and mandatory compensation requirements still require examination.

Legal references

  • Engineering Equipment v Minister of Labor, G.R. L64967, September 23 1985, main opinion: https://lawphil.net/judjuris/juri1985/sep1985/gr_l-64967_1985.html
  • 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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