Philippine Bar review · Question

Practice question: Built-in Overtime

Essay Hard

Practice question

Discuss PESALA’s treatment of employee silence as proof of an alleged agreement that basic salary includes overtime.

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

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