Question V, Labor Law, 2017 Bar Exam

Percival was a mechanic of Pacific Airlines. He enjoyed a meal break of one hour. However, during meal breaks, he was required to be on stand-by for emergency work. During emergencies, he was made to forego his meals or to hurry up eating. He demanded payment of overtime for work done during his meal periods. Is Percival correct? Explain your answer. (3%)

B.

Distinguish a learner from an apprentice. (4%)

C.

Are there differences between a househelper and a homeworker? Explain your answer. (4%)

Suggested Answer:

A. Yes. Answer

Under the Labor Code, employees are provided a 60-minute meal period when they can stop working and take their meals. Rule

In the case at bar, Percival remained engaged to work during his meal break as he is required to be on stand-by for emergency work. His meal break is thus compensable working time. As such, he is entitled to overtime pay for work in excess of the 8-hour workday. Apply

Thus, Percival is correct. Conclusion

B. A learner is a person hired as a trainee in semiskilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.

An apprentice is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under the Labor Code.

C. Yes. A househelper is domestic worker. Domestic worker or “Kasambahay” – ...

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