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University of Pangasinan Faculty Union vs University of Pangasinan

No. L-63122 | February 20, 1984 | Guttierrez, J

Deriq M. David

Facts

 Petitioner is a labor union composed of full-time professors of respondent


University.
 Petitioner was not paid Emergency Cost of Living Allowances(ECOLA) for
November 7 to December 5, 1981(Sem Break).
 Additionally they were not awarded an increase in salary from the proceeds of
increased tuition fees(15%), and lastly they were no paid salaries for extra
loads on September 21, 1981, due to the declaration of said date as a
working holiday by the President.
 RESP on the other hand states that the Petitioners were not due ECOLA on the
basis of the principle “No work, No Pay.”

Issues

WON Petitioners are entitled to ECOLA during the Sem break? –Yes

WON they should be paid for the extra load classes on September 21?-NO

Ratio

ECOLA as stated by various PDs (1614, 1634, 1678, 1713) provide that
“employees should be paid the allowance regardless of the number of their regular
working days if they incur no absences during the month.” And secondly “all covered
employees shall be entitled to the allowance provided herein when they are leave of
absence with pay.”

Respondents argument that since they did not work, they were not entitled to
ECOLA is inapplicable here.

The no work, no pay doctrine does not apply to the case at bar. The principle of
“no work, no pay” only applies to situations wherein employees voluntarily absent
themselves. In this case semestral breaks are in the nature of work interruptions
beyond the employees’ control, and as such cannot be considered as a voluntary
stoppage of work. The semestral break is an interruption beyond the employees
control and should be considered as hours worked. Teachers are paid their regular
salaries and should be entitled to ECOLA.

Under the Omnibus rules :


Sec. 4. Principles in Determining Hours Worked. — The following general
principles shall govern in determining whether the time spent by an employee is
considered hours worked for purposes of this Rule:

(d) The time during which an employee is inactive by reason of interruptions in his
work beyond his control shall be considered time either if the imminence of the
resumption of work requires the employee’s presence at the place of work or if the
interval is too brief to be utilized effectively and gainfully in the employee’s own
interest." (Emphasis supplied)

They are not however entitled to payment for September 21, as in this case
the “no work no pay principle” applies, as what is in question now is extra not regular
loads, which are paid monthly regardless of days or hours worked. Extra loads should
only be paid for only when actually performed by the employee. Compensation for
extra loads is based on actual work done and on the number of hours and days spent
over and beyond their regular hours of duty. Since there was no work on September
21, 1981, they are not entitled to pay based on the “no work no pay” principle.

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