Question 5, 2017 Labor Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

V.

(Question V, Labor Law, 2017 Bar Exam)

A.

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” – refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener or laundry person, but shall exclude service providers, family drivers, children who are under family arrangement, or any person who performs domestic work only occasionally or sporadically and not on an occupational basis.

On the other hand, a homeworker is an industrial worker, who performs work or creates goods, articles or materials to be processed or fabricated in or about a home.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

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