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    32 Palea Vs Pal 70 Scra 244

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    JarvinYvannLim
    PAL and its employee union PALEA had a collective bargaining agreement setting the work week at 48 hours. A new law was passed setting the standard work week at 40 hours for government and government-controlled corporations. PAL claimed it was not a government corporation but over 54% of its shares were owned by a government entity. The court ruled that PAL was a government corporation and the new 40 hour work week law took precedence over the collective bargaining agreement. PAL was ordered to comply with the 40 hour work week.

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    32 Palea Vs Pal 70 Scra 244

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    JarvinYvannLim
    237 views1 page
    PAL and its employee union PALEA had a collective bargaining agreement setting the work week at 48 hours. A new law was passed setting the standard work week at 40 hours for government and government-controlled corporations. PAL claimed it was not a government corporation but over 54% of its shares were owned by a government entity. The court ruled that PAL was a government corporation and the new 40 hour work week law took precedence over the collective bargaining agreement. PAL was ordered to comply with the 40 hour work week.

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    Palea vs Pal

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    32 Palea vs Pal 70 Scra 244

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    PAL and its employee union PALEA had a collective bargaining agreement setting the work week at 48 hours. A new law was passed setting the standard work week at 40 hours for government and government-controlled corporations. PAL claimed it was not a government corporation but over 54% of its shares were owned by a government entity. The court ruled that PAL was a government corporation and the new 40 hour work week law took precedence over the collective bargaining agreement. PAL was ordered to comply with the 40 hour work week.

    Copyright:

    © All Rights Reserved
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    237 views1 page

    32 Palea Vs Pal 70 Scra 244

    Uploaded by

    JarvinYvannLim
    PAL and its employee union PALEA had a collective bargaining agreement setting the work week at 48 hours. A new law was passed setting the standard work week at 40 hours for government and government-controlled corporations. PAL claimed it was not a government corporation but over 54% of its shares were owned by a government entity. The court ruled that PAL was a government corporation and the new 40 hour work week law took precedence over the collective bargaining agreement. PAL was ordered to comply with the 40 hour work week.

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    32 PALEA vs PAL 70 scra 244

    Facts: On January 4, 1956, Philippine Airline Employees Association (PALEA) whose members are regular
    employees of the defendant, Philippine Airlines (PAL), entered into a CBA stipulating therein that regular
    working hours of the said employees shall be on the basis of a forty-eight (48) hours a week, effective up
    to January 4, 1959. Soon after the approval of RA. 1880 on June 22, 1957, providing that the legal
    number of hours of labor, except for schools, courts, hospitals and health clinics shall be eight (8) hours
    a day, for five (5) days a week, or a total of forty (40) hours a week, also stating that is shall also be
    applicable to all laborers employed in GOCCs. A suit was then filed after PAL contended that it is not a
    GOCC.

    ISSUE: WON PAL is a GOCC


    WON PAL employees is governed by their CBA or by RA 1880

    HELD: PAL is a GOCC, considering that over 54% of the shares of stock of the PAL belongs to NDC, a
    wholly owned and controlled by government.
    The CBA, being in conflict with the RA 1880, the later shall prevails. PAL was ordered to comply
    with RA 1880 to shorten the hours of work a week for its employees and daily wagers from 48 to 40
    hours, from Monday to Friday at the rate of 8 hours a day, but if the exigency of service demand,
    employees may be required to work beyond 40 hours.

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