ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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What are the principles in determining hours worked?

Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work.

The employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees.

“No work, no pay” remains the basic factor in determining the employees’ wages and backwages.

Is the appointment of a beneficiary revocable?

General Rule: In appointing a beneficiary, the insured shall have the right to change the beneficiary he/she designated in the policy.

Exceptions: The appointment of beneficiary becomes irrevocable:

1) upon the insured’s death provided the insured does not change the designation during his lifetime; and

2) if the right to change the beneficiary is expressly waived in the policy.

What is the relationship between jeepney and taxi drivers and their operators under the boundary system?

In determining the existence of employer-employee relationship, the four-fold test or the two-tiered test may be applied.

The relationship between jeepney owners/operators on one hand and jeepney drivers on the other hand under the boundary system is that of employer-employee and not of lessor-lessee.

The existence of a vendor-vendee relationship between the operator and the driver under a boundary-hulog system which is essentially a contract to sell does not negate the existence of an employer-employee relationship.

What is the rule on compensability of sickness, injury, disability or death?

A sickness, injury, disability or death resulting from an employment accident is compensable if: (1) the employee is injured at the workplace; (2) the employee is performing official functions; (3) if the injury is sustained elsewhere, the employee is executing an order for the employer.