Sunday, October 6, 2019

NDC vs CIR

No. L-15422. November 30, 1962.
P- National Development Co.
R- CIR, National Textile Workers Union

Art. 85 - Meal Periods

Facts:
GOCC NDC employed 4 shifts of work: a. 8am-4pm, b. 6am-2pm, c. 2pm-10pm, d. 10pm-6am.  It credited the workers the 1-hour mealtime with 8 hours of work for each shift and paid them for the same number of hours. But since 1953, it credited those workers in one shift, who were required to continue working until the next shift, only 6 hours of work for overtime work excluding the mealtime periods in computing compensation.
The Union maintained the opposite view. The CIR held that mealtime should be counted in the determination of overtime work.
Issue:
            WoN the mealtime breaks should be considered working time.
Ruling:
            Yes. Mealtime breaks should be counted as working time for purposes of overtime compensation because work therein was continuous, and employees and laborers were not permitted to rest completely.
            Sec. 1, Com. Act No. 444, as amended, provides:
            “The legal working day for any person employed by another shall be of not more than eight hours daily. When the work is not continuous, the time during which the laborer is not working and can leave his working place and can rest completely shall not be counted.”
            In this case, the CIR’s finding that work in the petitioner company was continuous and did not permit employees and laborers to rest completely has basis in evidence and is following our earlier rulings.
            Thus, the mealtime breaks are compensable.

NB – CIR has jurisdiction over claims for overtime compensation when the following requisites are complied with:
a)    there must exist between the parties an employer-employee relationship or the claimant must seek his reinstatement; and
the controversy must relate to a case certified by the President to the CIR as one involving national interest, or must arise either under the Eight-Hour Labor Law, or under the Minimum Wage Law.