Practice question
Under PESALA v NLRC, does a salary above the statutory minimum automatically prove payment of overtime?
- Yes, reG.R. less of the agreement.
- Yes, if the employer uses the phrase competitive salary.
- No; a higher salary alone does not establish that the overtime entitlement was paid.
- Only the employee's address matters.
- Yes, whenever monthly rather than daily payment is used.
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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