(Labor Standards – Fishermen are not field personnels, Article 82)
Facts: Private respondent employed as a “bodegero” or ship’s quartermaster complained of being constructively dismissed by petitioner corporation when the latter refused him assignments aboard its boats after he had reported to work. The Larbor Arbiter rendered a decision ordering petitioner corporation to reinstate complainant with back wages, pay him his 13th month pay and incentive leave. Petitioner claims that it cannot be held liable for service incentive leave pay by fishermen in its employ as the latter supposedly are “field personnel” and thus not entitled to such pay under the Labor Code.
Article 82 of the Labor Code provides among others that “field personnel” shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch of office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.
Issue: WON fishermen are considered field personnel.
Held: No. Although fishermen perform non-agricultural work away from their employer’s business offices, the fact remains that throughout the duration of their work they are under the effective control and supervision of the employer through the vessel’s patron or master.
CASE EATER 