No OT Pay for Drivers who are Field Personnel

Are drivers entitled to overtime pay?

It depends on the status of the driver.

In summary,  a driver who is not a field personnel is entitled to overtime pay. Conversely, a driver who is considered a field personnel is not entitled to overtime pay. A driver who is a househelper is not entitled to overtime pay.

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Managers: No Holiday Pay, OT Pay, Premium Pay, Service Incentive Leave, Night Shift Pay

For purposes of labor standards, managerial employees are “those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff.” (Art. 82, Labor Code)

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Statutory Monetary Benefits

 

Similar to the rule on working conditions, labor laws on statutory monetary benefits do not apply to all employees. As such, unless otherwise stated, the succeeding provisions of laws and rules on statutory monetary benefits apply to employees in all establishments and undertakings whether for profit or not, except to the following:[1]

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Grand Asian Shipping Lines, Inc. v. Wilfredo Galvez

In termination disputes, the burden of proving that the dismissal is for a just or valid cause rests on the employers. Failure on their part to discharge such burden will render the dismissal illegal.

G.R. No. 178184, 29 January 2014

Complainants Wilfredo Galvez, Joel Sales, Cristito Gruta, Danilo Arguelles, Renato Batayola, Patricio Fesmillo, Jovy Noble, Emilio Dominico, Benny Nilmao, and Jose Austral, filed a labor complaint for illegal dismissal and monetary claims against their employer defendant Grand Asian Shipping Lines, Inc. (GASLI), and its President Eduardo P. Francisco, and General Manager William How.

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