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    San Miguel Vs Democ

    Uploaded by

    Joel G. Ayon
    This document summarizes a court case from the Philippines regarding whether the Eight Hour Labor Law applies to outside or field sales personnel. The court ruled that the law does not apply to employees paid on a piece-work, commission or "pakiao" basis, as their earnings depend on their industry and hours worked. For these employees, working overtime is compensated by increased commissions rather than additional hourly pay. The court cited a US case noting that outside salespeople have more flexibility over their hours and work independently, making overtime hours difficult for employers to track.

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    © All Rights Reserved
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    San Miguel Vs Democ

    Uploaded by

    Joel G. Ayon
    332 views1 page
    This document summarizes a court case from the Philippines regarding whether the Eight Hour Labor Law applies to outside or field sales personnel. The court ruled that the law does not apply to employees paid on a piece-work, commission or "pakiao" basis, as their earnings depend on their industry and hours worked. For these employees, working overtime is compensated by increased commissions rather than additional hourly pay. The court cited a US case noting that outside salespeople have more flexibility over their hours and work independently, making overtime hours difficult for employers to track.

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    digest

    Original Title

    6. San Miguel vs Democ

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    This document summarizes a court case from the Philippines regarding whether the Eight Hour Labor Law applies to outside or field sales personnel. The court ruled that the law does not apply to employees paid on a piece-work, commission or "pakiao" basis, as their earnings depend on their industry and hours worked. For these employees, working overtime is compensated by increased commissions rather than additional hourly pay. The court cited a US case noting that outside salespeople have more flexibility over their hours and work independently, making overtime hours difficult for employers to track.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    332 views1 page

    San Miguel Vs Democ

    Uploaded by

    Joel G. Ayon
    This document summarizes a court case from the Philippines regarding whether the Eight Hour Labor Law applies to outside or field sales personnel. The court ruled that the law does not apply to employees paid on a piece-work, commission or "pakiao" basis, as their earnings depend on their industry and hours worked. For these employees, working overtime is compensated by increased commissions rather than additional hourly pay. The court cited a US case noting that outside salespeople have more flexibility over their hours and work independently, making overtime hours difficult for employers to track.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    SAN MIGUEL BREWERY, INC., vs.

    DEMOCRATIC LABOR ORGANIZATION,


    ET AL.,

    G.R. No. L-18353 July 31, 1963

    FACTS:

    Where after the morning roll call the outside or field sales personnel leave the
    plant of the company to go on their respective sales routes and they do not have
    a daily time record but the sales routes are so planned that they can be
    completed within 8 hours at most, and they received monthly salaries and sales
    commissions in variable amounts, so they are made to work beyond the required
    eight hours similar to piece-rate work, pakiao, or commission basis regardless of
    the time employed, and the employees participation depends on their industry, it
    is held that the Eight Hour Labor Law has no application to said outside or field
    sales personnel and that they are not entitled to overtime compensation.

    ISSUE:

    Whether the Eight Hour Labor Law has application to Outside or Field Sales
    Personnel and whether they are entitled to overtime compensation.

    RULING:

    The Eight-Hour Labor Law only has application where an employee or laborer is
    paid on a monthly or daily basis, or is paid a monthly or daily compensation, in
    which case, if he is made to work beyond the requisite period of 8 hours, he
    should be paid the additional compensation prescribed by law. This law has no
    application when the employee or laborer is paid on a piece-work, "pakiao", or
    commission basis, regardless of the time employed. The philosophy behind this
    exemption is that his earnings in the form of commission based on the gross
    receipts of the day. His participation depends upon his industry so that the more
    hours he employs in the work the greater are his gross returns and the higher his
    commission. This philosophy is better explained in Jewel Tea Co. v. Williams,
    C.C.A. Okla., 118 F. 2d 202, as follows:

    The reasons for excluding an outside salesman are fairly apparent. Such
    salesman, to a greater extent, works individually. There are no restrictions
    respecting the time he shall work and he can earn as much or as little,
    within the range of his ability, as his ambition dictates. In lieu of overtime
    he ordinarily receives commissions as extra compensation. He works
    away from his employer's place of business, is not subject to the personal
    supervision of his employer, and his employer has no way of knowing the
    number of hours he works per day.

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