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Union of Filipro Employees (UFE) v. Benigno Vivar

The Supreme Court of the Philippines ruled that sales personnel of a company were considered "field personnel" under the law and therefore not entitled to holiday pay. Field personnel are defined as employees who work away from the main office and whose hours worked cannot be reasonably determined. The Court found that because the company could not verify the hours the sales personnel actually spent working in the field each day, and their time and performance was unsupervised, they fell under the definition of field personnel.

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82 views1 page

Union of Filipro Employees (UFE) v. Benigno Vivar

The Supreme Court of the Philippines ruled that sales personnel of a company were considered "field personnel" under the law and therefore not entitled to holiday pay. Field personnel are defined as employees who work away from the main office and whose hours worked cannot be reasonably determined. The Court found that because the company could not verify the hours the sales personnel actually spent working in the field each day, and their time and performance was unsupervised, they fell under the definition of field personnel.

Uploaded by

rafael.louise.roca2244
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Union of Filipro Employees (UFE) v.

Benigno Vivar
G.R. No. 79255 20 January 1992

Under Article 82, field personnel are not entitled to holiday pay. Said article
defines field personnel as "non-agritultural employees who regularly perform their duties
away from the principal place of business or branch office of the employer and whose
actual hours of work in the field cannot be determined with reasonable certainty."
The law requires that the actual hours of work in the field be reasonably
ascertained. The company has no way of determining whether or not these sales
personnel, even if they report to the office before 8:00 a.m. prior to field work and come
back at 4:30 p.m, really spend the hours in between in actual field work.
Moreover, the requirement that "actual hours of work in the field cannot be
determined with reasonable certainty" must be read in conjunction with Rule IV, Book III
of the Implementing Rules which provides:
Rule IV Holidays with Pay
Sec. 1. Coverage — This rule shall apply to all employees except:
xxx xxx xxx
(e) Field personnel and other employees whose time and performance is unsupervised
by the employer . . .
The clause "whose time and performance is unsupervised by the employer" did not
amplify but merely interpreted and expounded the clause "whose actual hours of work in
the field cannot be determined with reasonable certainty." The former clause is still
within the scope and purview of Article 82 which defines field personnel. Hence, in
deciding whether or not an employee's actual working hours in the field can be
determined with reasonable certainty, query must be made as to whether or not such
employee's time and performance is constantly supervised by the employer.

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