Philippine Bar review · Question

Practice question: Built-in Overtime

Multiple Choice Hard

Practice question

An employer relies solely on an employee’s long silence to establish that a document repeatedly identifying compensation as basic salary includes overtime. The employee brings a timely claim for proved overtime. What PESALA principle matters?
  1. Silence does not itself prove the claimed clear overtime allocation or waiver
  2. Silence conclusively establishes every employer interpretation
  3. A timely wage claim is legally prohibited
  4. Basic salary automatically becomes overtime whenever convenient
  5. Only management’s later recollection can be considered

Legal references

  • Labor Code, Articles 82-93 and implementing Book III, Rule I, Sections 3-7: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Omnibus Rules Implementing the Labor Code, Book III, Rules I-III, hours, meals, night differential and weekly rest: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html
  • PAL Employees Savings and Loan Association v. NLRC, G.R. No. 105963, August 22, 1996, MAIN decision: https://lawphil.net/judjuris/juri1996/aug1996/gr_105963_1996.html

Answer this question in flashcards to review your response and continue practicing.