Case Digest (G.R. No. 107994)
Facts:
Philippine Agricultural Commercial and Industrial Workers Union (PACIWU)-TUCP v. National Labor Relations Commission and Vallacar Transit, Inc., G.R. No. 107994, August 14, 1995, Supreme Court First Division, Kapunan, J., writing for the Court.
Petitioner union is the exclusive bargaining agent of the rank-and-file employees of respondent Vallacar Transit, Inc. Petitioner filed a complaint with the NLRC Regional Arbitration Branch No. VI in Bacolod City for payment of 13th month pay on behalf of the company's Visayan drivers and conductors. The union alleged that, although the CBA described those employees as paid on a "purely commission" basis, the drivers and conductors were automatically entitled to a basic minimum pay whenever commissions fell below the statutory eight-hour minimum, and thus should be entitled to 13th month pay.
Respondent Vallacar Transit contended that the drivers and conductors were paid on a purely commission basis and thus fell within the exempting provisions of the Revised Guidelines on the Implementation of P.D. No. 851 (employers of those paid on purely commission are not covered), and relied on Article XIV, Section 2 of the parties' CBA stating that "drivers and conductors paid on a purely commission are not legally entitled to 13th month pay."
On May 22, 1992, Labor Arbiter Reynaldo Gulmatico dismissed the complaint. Petitioner appealed to the National Labor Relations Commission (NLRC Case No. V-0159-92), which likewise dismissed the appea...(Pro-only)
Issues:
- Are the bus drivers and conductors of Vallacar Transit, Inc., who are described in the CBA as paid on a "purely commission" basis but who receive a guaranteed minimum basic wage when commissions fall below the statutory minimum, entitled t...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)