Practice question
Does employee silence alone establish a clear understanding that the agreed basic salary includes overtime?
- No
- Yes, silence conclusively proves allocation
- Yes, every payslip is an overtime waiver
- Yes, all fixed salaries necessarily include overtime
- Yes, failure to object removes every wage right
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.