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Part of management?

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1 Part of management? on Wed May 04, 2011 7:01 pm

Taki


Arresto Menor
a Call Center company assigns the job designation Cust solutions officer to their agents. The designation as "Officer" will justify the employers action not to give OT (Overtime) pay.

since employees is part of the mgt (because of the rank Officer) they are not required to claim OT pay.

is this legal?

can a company just call its employess "officer" so they cannot claim OT?

this also stops them to establish a worker's union because they are "officers".

But in reality their work are just answering calls of overseas customers.

thanks

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2 Re: Part of management? on Fri May 06, 2011 9:11 am

attyLLL


moderator
if these 'officers' are not involved in implementing management policies and do not have the power to effectively recommend to management, then they are not supervisors or managerial employees.

this is some scheme to bypass the labor code.


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3 Re: Part of management? on Fri May 06, 2011 11:10 am

As defined in Title I, Book Three, of the Labor Code

For purposes of entitlement to labor standards benefits, particularly those granted under Title I, Book Three, of the Labor Code (Working Conditions and Rest Periods), managerial employee is defined as those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff.

This should be the guiding law to determine the nature of the position.

As I have earlier mentioned, it is not the designation of an employee but the actual works being done that determines the position.

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4 Re: Part of management? on Fri May 06, 2011 11:12 am

In addition:

Section 2, Rule I, Book Three, of the Omnibus Rules defines managerial employees under the first category as those who meet the following qualifications:

1. Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof.
2. They customarily and regularly direct the work of two or more employees therein.
3. They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight.

Other officers or members of the managerial staff

On the other hand, the other officers or members of the managerial staff are defined as those employees who perform the following functions:

1. The primary duty consists of the performance of work directly related to management policies of their employer;
2. Customarily and regularly exercise discretion and independent judgment; and
3. (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute, under general supervision, special assignments and tasks; and
4. Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above.

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5 Re: Part of management? on Fri May 06, 2011 11:20 am

Taki


Arresto Menor
thanks so much for the answer!!!!

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6 Re: Part of management? Today at 6:22 am

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