Practice question
A CBA expressly guarantees a particular paid break. Management unilaterally removes payment while requiring the same duties and unchanged availability, arguing that Sime Darby validates every removal of paid break time. Which response is correct?
- The cited case conclusively validates any such removal
- The actual work and CBA entitlement must be respected; Sime Darby is not blanket authority to disregard a protected paid break
- Every CBA term ends when the shift start time changes
- The workers must accept the change because it uses a memorandum
- A break can never be protected by agreement
Legal references
- https://lawphil.net/judjuris/juri1998/apr1998/gr_119205_1998.html — Sime Darby Pilipinas, Inc. v. NLRC, GR 119205, April 15, 1998, main decision; reasonable revised schedule and meal-period distinction.
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 83–85 and 87–88, working time and overtime.
- https://lawphil.net/judjuris/juri2006/apr2006/gr_164774_2006.html — Star Paper Corporation v. Simbol, GR 164774, April 12, 2006, main decision; reasonableness limits on management policies.
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