Manuel Lara et al., plaintiffs and appellants V. Petronilo del Rosario, Jr., defendant and appellee.
No. L-6339 April 20,1954
Facts:
Defendant Petronilo del Rosario, Jr., is the owner of Waval Taxi. He employed among others three mechanics and 49 chauffeurs or drivers, the latter having worked for periods ranging from 2 to 37 months. In September 4, 1950, del Rosario sold his 25 cabs to La Mallorca, resulting to the unemployment of the above-mentioned chauffeurs because La Mallorca failed to continue them in their employment.
They brought this action against del Rosario to recover compensation for overtime work rendered beyond eight hours and on Sundays and legal holidays, and one month salary (mesada) because of the failure of their former employer to give them one month notice.
The plaintiffs as chauffeurs received no fixed compensation based on the hours or the period or time they worked. They were paid in the commission basis, that is, each driver received 20 percent of the gross return or earnings from the operation of his taxi cab.
Issues:
1. Whether or not plaintiffs are entitled to extra compensation for work performed in excess of 8 hours a day, Sundays and holidays included; and
2. Whether or not there are entitled for a mesada.
Held:
The defendant being engaged in the taxi or transportation business which is public utility, came under the exception provided by the Eight-hour labor law; and because plaintiffs did not work on a salary basis, that is to say, they had no fixed or regular salary or remuneration other than the 20 percent of their gross earnings their situation was therefore practically similar to piece workers and hence outside the ambit of Article 302 of the Code of Commerce.
Moreover, if the plaintiffs herein had no fixed salary either by the day, week or the month, then computation of the month;s salary (mesada) payable would be impossible. Article 302 of the Code of Commerce refers to employees receiving a fixed salary.
