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OFFICE v. CALTEX (PH), INC. The Union’s argument that Caltex cannot require its
GR No. 111359 – Aug. 15, 1995 – Feliciano employees to complete the 40-hour regular work week on a
Saturday since it allowed its employees to render only 37 ½
FACTS: hours of work due to the company practice of allowing
On Dec. 12, 1985, Caltex Regular Employees at Manila employees to leave 30 minutes earlier than the scheduled
Office (petitioner) and Caltex (PH), Inc. (private off-time is without merit. First off, such practice was not
respondent) entered into a CBA (1985 CBA) which was to resorted to by Caltex in order to escape its contractual
be in effect until midnight of Dec. 31, 1988. obligations; instead, it had been established primarily for
the convenience of the employees most of whom have had
Sometime in Aug. 1986, the Union called Caltex’s attention to commute. Likewise, the shortened work period did not
at alleged violations by the latter of the 1985 CBA, e.g. result in shortening the work required for purposes of
non-payment of night-shift differential, non-payment of determining overtime pay, as well as for purposes of
overtime pay, and non-payment of “first day-off rates” for determining premium pay for work beyond 40 hours within
work performed on a Saturday. the calendar week. It follows that an employee is entitled to
be paid premium rates, whether for work in excess of 8
Respondent’s Industrial Relations manager immediately hours on any given day, or for work beyond the 40-hour
evaluated petitioner’s claims and accordingly informed requirement for the calendar week, only when the employee
petitioner Union that differential payments would be timely had, in fact, already rendered the requisite number of
implemented, which, however, was never implemented. hours—8 or 40— prescribed in the 1985 CBA.
Thus, the Union instituted a complaint for unfair labor In fine, the parties’ 1985 CBA stipulated that employees at
practice against Caltex. The Union charged Caltex with the Manila Office, as well as those similarly situated at the
short-changing its employees when Caltex compensated Legazpi and Marinduque Bulk Depots, shall be provided
work performed on the first 2 ½ hours of Saturday, an only 1 day of rest; Sunday, and not Saturday, was
employees’ day of rest, at regular rates, when it should be designated as this day of rest. Work performed on a
paying at “day of rest” or “day off” rates. Saturday is accordingly to be paid at regular rates of pay, as
a rule, unless the employee shall have been required to
Caltex denied the accusations of the Union. It averred that render work in excess of 40 hours in a calendar week. The
Saturday was never designated as a day of rest, much less a employee must, however, have in fact rendered work in
“day-off”. It maintained that the 1985 CBA provided only 1 excess of 40 hours before hours subsequently worked
day of rest (which is Sunday) for employees at the Manila become payable at premium rates.
Office, as well as employees similarly situated at the
Legazpi and Marinduque Bulk Depots.