This case has been cited 2 times or more.
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2014-01-29 |
DEL CASTILLO, J. |
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| As for Arguelles, Batayola, Fresnillo, Noble, Dominico, Nilmao and Austral, we cannot sustain the argument that they are classified as field personnel under Article 82 of the Labor Code who are likewise excluded. Article 82 defines field personnel as referring to "non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty." They are those who perform functions which "cannot be effectively monitored by the employer or his representative."[63] Here, respondents, during the entire course of their voyage, remain on board the vessel. They are not field personnel inasmuch as they were constantly supervised and under the effective control of the petitioners through the vessel's ship captain. | |||||
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2011-03-28 |
NACHURA, J. |
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| x x x x[68] | |||||