Penaranda vs. Baganga Plywood Corp.

CHARLITO PEÑARANDA, Petitioner, vs. BAGANGA PLYWOOD CORPORATION and HUDON CHUA, Res!ondents. SYNOPSIS: Managerial employees and members of the managerial sta are exempted from the provisions of the Labor Code on labor standards Sin!e petitioner belongs to this !lass of employees" he is not entitled to overtime pay and premi#m pay for $or%ing on rest days

"ACT#

Petitioner Charlito Pe&aranda Pe&aranda $as hired as an employee of 'aganga Ply$ood Corporation ('PC) to ta%e !harge of the operations and maintenan!e of its steam plant boiler *espondent ('PC) is a domesti! !orporation d#ly organi+ed and existing #nder Philippine la$s and is represented herein by its ,eneral Manager -./SON C-.0" the individ#al respondent

Pe&aranda thro#gh !o#nsel in his position paper alleges that he $as employed by respondent 'aganga on Mar!h 12" 1333 $ith a monthly salary of P2"44444 as 5oreman6'oiler 5oreman6'oiler -ead6Shift 7ngineer #ntil he $as allegedly illegally terminated on /e!ember 13" 8444 5#rther" he $as not paid his overtime pay" premi#m pay for $or%ing d#ring holidays6rest days" night n ight shift dierentials 9he respondent 'PC; $as on temporary !los#re d#e to repair and general maintenan!e and it applied for !learan!e $ith the /OL7" and d#e to the insisten!e of herein !omplainant he $as paid his separation benes !omplaint $as premat#re be!a#se he $as still employed emp loyed $ith 'aganga 9he petitioner is also entitled to O9 pay" p ay" premi#m pay" and attorney>s fees On appeal" NL*C deleted the a$ard of O9 pay" premi#m pay and attorney>s fees C0 dismissed Penaranda>s petition based on pro!ed#ral p ro!ed#ral fail#res

IUE#

?ON Penaranda is entitled to monetary bene
Labor Code

HELD#

No 0rti!le @8 of the Labor Code exempts managerial employees from the !overage of labor standards Labor standards provide the $or%ing !onditions of employees" in!l#ding entitlement to overtime pay and premi#m pay for $or%ing on rest days .nder this provision" managerial employees are Athose $hose primary

d#ty !onsists of the management of the establishment in $hi!h they are employed or of a department or s#bdivisionA  9he Co#rt disagrees $ith the NL*C>s