Penaranda vs. Baganga Plywood Corp.
3
CHARLITO PEÑARANDA, Petitioner, vs. BAGANGA PLYWOOD CORPORATION and HUDSON CHUA, Respondents. SYNOPSIS: Managerial employees and members of the managerial staff are exempted from the provisions of the Labor Code on labor standards. Since petitioner belongs to this class of employees, he is not entitled to overtime pay and premium pay for working on rest days. FACTS: Petitioner Charlito Peñaranda was hired as an employee of Baganga Plywood Corporation (BPC) to take charge of the operations and maintenance of its steam plant boiler. Respondent (BPC) is a domestic corporation duly organized and existing under Philippine laws and is represented herein by its General Manager HUDSON CHUA, the individual respondent. Peñaranda through counsel in his position paper alleges that he was employed by respondent Baganga on March 15, 1999 with a monthly salary of P5,000.00 as Foreman/Boiler Head/Shift Engineer until he was allegedly illegally terminated on December 19, 2000. Further, he was not paid his overtime pay, premium pay for working during holidays/rest days, night shift differentials. The respondent [BPC] was on temporary closure due to repair and general maintenance and it applied for clearance with the DOLE, and due to the insistence of herein complainant he was paid his separation benefits. Hence, he was not terminated from employment much less illegally. Being a managerial employee he is not entitled to overtime pay and if ever he rendered services beyond the normal hours of work, there was no office order/or authorization for him to do so. Labor Arbiter ruled that there was no illegal dismissal because Penaranda’s complaint was premature because he was still employed with Baganga. The petitioner is also entitled to OT pay, premium pay, and attorney’s fees. On appeal, NLRC deleted the award of OT pay, premium pay and attorney’s fees.
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Transcript of Penaranda vs. Baganga Plywood Corp.
CHARLITO PEARANDA, Petitioner, vs.BAGANGA PLYWOOD CORPORATION and HUDON CHUA, Res!ondents.SYNOPSIS: Managerial employees and members of the managerial staf are exempted from the provisions of the Labor Code on labor standards Sin!e petitionerbelongs 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 $as hired as an employee of 'aganga Ply$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"44444 as 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 shift diferentials 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 $ith 'aganga 9he petitioner is also entitled to O9 pay" premi#m pay" and attorney>s feesOn appeal" NL*C deleted the a$ard of O9 pay" premi#m pay and attorney>s feesC0 dismissed Penaranda>s petition based on pro!ed#ral fail#resIUE# ?ON Penaranda is entitled to monetary benes
