Republic of the Philippines SUPREME COURT
Manila EN BANC July 26, 1948 GR No. L-1309 SHELL COMPANY OF THE PHILIPPINE ISLANDS, LIMITED, recurrent,
vs. NATIONAL LABOR UNION, appeal. Messrs. Ross, Selph, Carrascoso and Janda in representation of the appellant. Messrs. Paguia and Villanueva in representation of the appeal. BRIONES, J . :
Acting on a request from the working entity called "National Labor Union," the Court of Industrial Relations has issued a decision in which, among other things, the oil company "The Shell Company of Philippine Islands, Limited" is obligated to pay their workers who work at night (since the sun sets until it rises the next day) an additional compensation of 50% of their regular wages if they worked by day. It seems that the needs comania night service a certain number of workers, because the planes landing from abroad and often detach at night, and is thus necessary that evening chores for the supply of gasoline and lubricants are made, and to other purposes. The oil company has excepcionado against that certiorari for the decision hence the present petition for certiorari reversal of. The appellant company contends and argues that not only there is no legal provision empowering the Industrial Relations Court to order the payment of additional workers who work at night, but that compensation, however, the Commonwealth the Commonwealth Act No. 444r elieve elieve the employer of such obligation since in the law where it is compulsory to pay "overtime" (additional compensation) are provided, and among such cases do not include the work at night. Meanwhile, the working junction respondent argues that the power is discussed as part of the broad and effective powers to the Commonwealth Act No. 103 - the charter of the Industrial Relations Court - the court grants; and that the the Commonwealth Act No. 444 cited has no aplication to this case, as the same is necessarily limited scope, and especially referring exclusively to the maximum time allowable contidiano work in industrial establishments - day 8 hours. Our conclusion is that the working junction respondent has reason on his side. For a clear and comprehensive c omprehensive elucidation of the points discussed, estmamos desirable, even at the risk of prolonging this paper, transcribe relevant legal lasdisposiciones are Articles 1, 4 and 13 of Commonwealth Act No. 103 Helas here: SECTION 1 The Judge: his appointment, qualifications', compensation, tenure. - There is hereby created a Court of Industrial Relations, Which Shall have jurisdiction over the entire Philippines, to consider, Investigate, decides, and settle any question, matter, dispute or controversy Arising
between, and / or Affecting, Employers and employees or laborers , and landlords and tenants or farm-laborers, and Regulate the relation Between them, subject to, and in Accordance with, you the provider server de esta Act. The Court Shall keep a record of all its proceedings and Shall be presided over by a Judge to be appointed by the President of the Philippines With the consent of the Commission on Appointments of the National Assembly. The Judge of the Court Shall hold office During good behavior until the age of He Reaches seventy years, or incapacitated to discharge Becomes the Duties of His office. His qualifications' Shall be the same as provided in the Constitution Those for members of the Supreme Court and I Shall receive an annual compensation of ten thousand pesos and Shall be Entitled to traveling expenses and per diems Official Duties When performing outside of the City of Manila. The Department of Justice Shall have executive supervision over the Court. SEC. Strikes and lockouts 4. - The Court Shall take cognizance for purpose of prevention, arbitration, decision and settlement, of any industry or agricultural dispute Causing or likely to cause a strike or lockout, expats Arising form as regards wages, shares or compensation, hours of work or conditions of tenancy or employment, Between Employers and employees or laborers and landlords and tenants Between or farm-laborers, provided That the number of employees, laborers or tenants or farm-laborers Involved excede thirty, and Industrial or agricultural Such dispute is submitted to the Court by the Secretary of Labor, or by any of the parties or Both to the controversy and certified by the Secretary of Labor as Existing and proper to be Dealt with by the Court for the sake of public interest. Such cases in all, the Secretary of Labor or the party or parties Submitting the notification disputing, Shall Clearly and Specifically state in writing the questions to be decided. Upon the submission of Such a controversy or question by the Secretary of Labor, His intervention therein as Authorized by law, Shall cease. The Court Shall, before hearing the dispute and in the course of Such hearing, endeavor to reconcile the parties and induce them to settle the dispute by amicable agreement. If any agreement as to the whole or any part of the dispute is arrived at by the parties, a memorandum of Its terms Shall be made in writing, signed and Acknowledged by the parties thereto before the Judge of the Court or any official acting in His Behalf and Authorized to administer oaths or acknowledgments, or, before a notary public. The memorandum Shall be filed in the office of the Clerk of the Court, and, unless otherwise ordered by the Court, Shall, as Between the parties to the agreement, have the same effect as, and be Deemed to be, a decision or award .
SEC. 13 Character of the award. - In making an award, o rder or decision, under the Provisions of section four de esta Act, the Court Shall not be restricted to the specific relief or Claimed Demands made by the parties to the industry or agricultural dispute, but May include in the award , order or decision any matter or determination Which my be Deemed Necessary or expedient for the purpose of setting the dispute or of agricultural or further preventative Industrial Disputes. It is evident from the transcribed the following provisions: (a) If a dispute between the principal and the employee or
worker, viz arises. on wage issue, the Court of Industrial Relations has jurisdiction throughout the territory of the Philippines to consider, investigate and resolve such disputes, setting wages it considers fair and reasonable;(B) that for the purposes of prevention, arbitration, decision and settlement, the same Court of Industrial Relations also tien jurisdiction to hear any dispute - industrial or agricultural resulting from any differences in wages, shares or compensation, hours work, conditions of employment or sharecropping between employers and employees or between workers and owners and landowners or farm workers after fulfilling certain requirements and conditions, when he seeth that the dispute causes or may cause a strike; (C) in the exercise of its powers specified above, the Court of Industrial Relations is not limited, to decide the dispute, to grant the remedy or remedies requested by the parties to the dispute, but may include in the order or decision fabrics or for the purpose of determining to settle the dispute or to prevent further industrial or agricultural disputes. In the case we are concerned there is undoubtedly an industrial dispunta. While the company, the Shell company, not willing to pay their workers higher wages to night workers back, the "NationalLabor Union", which are affiliated workersin Shell, other wage claims for service night - 50% more. Herein lies the dispute, industrial dispute.Now, the Court has done Ã,¿que Industrial Relations after the conflict under its jurisdiction? Precisely what sends the Act No. 103 of the Commonwealth, its organic menu creation and operation, namely, to consider, investigate and prosecute the dispute, after resolviedola in the sense that resolved, ie, remunerating the work night with 50% more in wages of day. And this is perfectly legal both within the scope of Article 1 of the Act No. 103 which empowers the Industrial Relations Court to decide any dispute over wages and compensation in the manner it deems reasonable and appropriate, and within the framework of Article 4 of the Act which authorizes the court to try and decide any suit or industrial or agricultural dispute determine the outbreak of a strike or tends to cause it. But still: the fact by the Industrial Relations Trbunal in this case is also legal within the framework of Article 13 of the Act No. 103, item that is seen as not only empowers the court to grant the remedy recabanlas parts, but even go beyond, that is, to grant remedies not specifically requested, provided they are encamienen to resolve once the dispute or to prevent the outbreak of further disputes or strikes. Clearly, these broad powers the proposed equip Estadose Industrial Relations Court to the maximum possible profit and efficiency, making it not a mere academic agency, but truly active, dynamic and efficient - in a word, the official machinery for excellence in formidable thorny task of resolving industrial disputes, yagricolas of some sort, preventing and thus avoiding these stoppages and strikes and danan afflict not only businesses and workers, but, in general, any community. In his concurring opinion rendered in the authoritative case against Ang Tibay Industrial Relations Court (GR No. 46496) [[ 1 ]], the Magistado Laurel has very well expressed the fundamental idea underlining the establishment of this tribunal, with the following pronouncement:
In Commonwealth Act No. 103 , and by it, our government no longer performs the role of mediator or intervenor but mere That supreme arbiter of. (Emphasis added.). The appellant argues, however, that while it is true that in case of dispute the Court of Industrial relaciiones has, under its organic law, the power to set wages, such power is not absolute, but is subject to certain cortapizas and restrictions, provided for by law, commonly known by law on the eighthour day, the Commonwealth Act No. 444, which is entirely relevant articles transacriben below: SECTION 1 The legal working day for any person employed by another Shall be of not more than eight hours daily. When the work is not continuous, the time During Which the laborer is not working and can leave His working place and can not rest completely Shall Be Counted. SEC. 3 May be Performed Work beyond eight hours a day in case of actual or impending emergencies Caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity in order to Prevent loss to life and property or imminent danger to public safety; or in case urgent work to be Performed on the machines, equipment, or installations in order to avoid serious loss to Which the employer would suffer Otherwise, or just some other cause of a like nature; Such cases but in all the laborers and employees Shall be Entitled to receive compensation for the overtime work Performed at the same rate as wages or salary Their regular basis, plus At least twenty-five per centum additional. In case of national emergency the government is empowered to Establish Rules and Regulations for the operation of the plants and factories and to determine the wages to be paid the laborers. SEC. 4 No person, firm, or corporation, or business establishment or place of work center Shall compel an employee or laborer to work Sundays and legal holidays During, UNLESS I have is paid an additional sum of At least twenty-five per centum of His regulate remuneration: Provided however it, That This prohibition Shall not apply to public utilities performing some public service: such as supply supplying gas, electricity, power, water, or providing Means of transportation or communication. Since - argumentanlos appellant lawyers - that these items where paying extra or additional compensation is authorized and are alone specified namely: (a) in case of "overtime" or work in excess of the regular hours for reasons imperiosasde urgent reason for some disaster or accident, or to prevent or repair lost; (B) where work on Sundays and holidays; (C) in an emergency, and there is nothing that relates to the work at night; then the order in question is illegal, as is not authorized by law. "In the absence - emphasize lawyers recurring - legislation Authorizing the payment of additional compensation for work done at night, the Court of Industrial Relations has no power or authority to order the petitioner company to pay additional compensation for work done by ITS laborers at night. Expressio unius. Where, as inthe case at bar, the statute specifies Expressly cases where payment of compensation May be Demanded Extra, extra compensation be allowed in May Those cases only, and in
no others. The price provider of the Commonwealth Act No. 444 can not be enlarged by implication or otherwise. Expressum facit cessare tacitum. The argumentation is erroneous. The Law No. 444 does not apply to this case, it is evident that it has a specific purpose, namely: (a) fix the maximum 8-hour workday;(B) point out certain exceptional cases that can authorize work outside that day; (C) providing a bonus, which should not be less than 25% of regular pay for "overtime" or work in excess of 8 hours. In the case of Manila Electric, applicant-appellant, vs. The Public Utities Employees' Association, appealed, L-1206 (45 OG 1760) [[ 2 ]], this Court has held that the power conferred by Article 1 of Law Commonwealth No. 103 the Court of Industrial Relations and decide to enjuciar industrial disputes and disputes between capital and labor, including wage setting and compnsaciones employees and workers, has been restricted by Article 4 of Law No Commonwealth . 444, which while limited to 25% of salary or regular compensation of the workers the minimum additional compensation that the court may grant for work on Sundays and public holidays, exempt from the payment of such additional compensation to entities public utility providing some public services, such as supplying gas, electricity, mortriz force, water, or provide transportation or communication skills. Such restriction amounts to an exception to the general power of the court to determine, in cases of dispute, wages and compensation to be paid by employers to employees and workers; and inasmuch as that article 4 refers only to wages or compensation for work during the day Sunday and public holidays, you obviously can not refer to salary or additional compensation for work beyond eight hours lajornada usually conducted from early hours of the morning to last afternoon, it is one thing to work on Sundays and days of public holidays, and quite another night's work outside of the eighthour workdays. Applying the legal maxima "expressio unius" may be held without fear of being wrong, a law that provides an exception to the general provisions specified as additional compensation for work on Sundays and days of public holidays, excluding any another, as additional compensation for work at night on weekdays. "Another case in Which May This maxim is almost invariably Followed by That of Which statute makes specific exceptions to Un certain STIs overall price provider. wemay Here safely assume all other exceptions That Were Intended to be excluded. " (Wabash R. Co.vs. United States, 178 Fed, 5, 101 CCA 133,. Cella vs. Bohlinger Commision Co., 147 Fed, 419,. 467 CCA 78; Kunkalman vs. Gibson, Ind 171, 503.; 84 NE 985; Hering vs. Clement, App Div 133, 293,.. 117 NY Supp 747).. Work the Shell denoche company requires its workers tally is not a 'overtime "in the sense in which that word is used in the Le No. 444, but a full day's work, also 8 hours: only that instead of done by day, it gets dark. In other words, work that night here is not only unexceso, prolongation or "overtime" regular work day, but other work is absolutely independent of the day shift. So there are two shifts: the shift workers who work day; and the shift of working at night. So it is not strange that the legislature did not include this type of work between cases of "overtime" mentioned in the said Act No. 444.
The question which, in our judgment, determine is whether among the general powers of the Court of Industrial Relations who are admitted without dipusta, consider this the night the day as a full day's work; that of estimating it as more burdensome than the day by day; and accordingly, to provide and direct that remunerated with 50% over the regular day wages. Our answer is yes: this is between the general powers of the Court of Industrial Relations. If this court has, in cases of dispute, the power to set wages as it deems fair and reasonable for the work day, there's no reason it should not have the same power with respect to the wages of night; work is as the one and the other. And regarding appreciation wing that night work is heavier and cumbersome than the day and therefore deserves greater remuneration, there is no motivospara revoke or alter. There is no possible argument against the universal fact that regular, normal, ordinary work is to day, and night work is exceptional and justified only by certain unavoidable reasons imperatively. For something mankind has trabajado siempre dia. Reasons of hygiene, medicine, morality, culture, sociology, establish together the work of Nocho has many drawbacks, as there is no choice but to do so it is only fair that were paid better than usual to compensate certain hasa point the worker from such drawbacks. Undoubtedly night work not only in the long run affects the health of the worker, but this deprives certain things that make relatively pleasant life, like, viz., A full, uninterrupted rest and certain moments of solace leisure or spiritual and cultural expansion that might have after work in the evening and during the early evening hours. It is said that the workers can unwind from the day after working all night; but perhaps you can give the rest of the body one day and one full restorative tonic effect can only provide natural sleep at night? It is said also that some prefer to work at night under our scorching weather, thus avoiding the heat of the day. We fear, however, that this is better spoken than praticado. We believe that from time immemorial the universal rule is that the night man trabja more by necessity than irremediable pleasant convenience. To the vulgar, universal review, we must add the opinionpericial, the specialist approach. Meet the writers and experts strongly militates in favor of the thesis that night work is harder and expensive work that day, so considered with disgust and compelling marked accordingly capitalistic managers to establish a higher level wages as an incentive for workers to accept. They could cite virias authorities but not overextend this paper we choose only some transcriber, namely: . . . Then, it must be remembered distinctly unphysiological That it is to turn the night into day and deprive the body of the beneficial effects of sunshine. The human organism This procedure revolts against. Added to artificial lighting are reversed and unnatural times of eating, resting, and sleeping. Much of the inferiority of Nightwork can doubtless be traced to the failure of the workers to secure proper rest and sleep, by day. Because of the Inability or lack of opportunity to sleep, nightworkers Often spend days in performing domestic Their Duties, joining the family in the midday meal, 'tinkering about the place', watching the baseball game, attending the theater or taking a ride in the car. It is not strange That nightworkers outstretch to be less efficient than dayworkers and lose more time. . . (The
Management of Labor Relations, by Watkins & Dodd, page 524). Nightwork. - Nightwork've Gained a measure of prominence in the modern system industry in Connection with continuous industries, That is, industries in the nature of Which makes it the Processes Necessary to keep machinery and equipment in constant operation. Even in continuous industries the tendency is definitely in the direction of FOUR shifts of 6 hours each, With provision for an automatic change of shift for all workers at Stated intervals. Some discussion has taken place with regard to the lengths of the period any workers Should be allowed to REMAIN on the night shift. A weekly change of shifts is common, specially where three or four shifts are in operation; in other cases the change is made fortnightly or monthly; in still other instances, no alternation is provided for, the remaining workers on day permanently or Nightwork, except where temporary changes are made individually for convenience. There is sharp difference of feedback Concerning the relative Merits of These systems. Advocates of the change of shifts weekly contend That the strain of Nightwork and the difficulty of getting adequate sleep during the day make it unwise for workers to REMAIN on the "graveyard" shift for more than a week at a time. Opponents That Repeated urges changes make it more Difficult to settle down to Either That kind of shift and after the first week Nightwork Becomes less trying to sleep while the abitur Increases by day. Workers Themselves react in various ways to the different systems. This much, however it, is Un certain: Few persons react favorably to Nightwork, Whether the shift be continuous or alternating. Outside of continuous industries, Nightwork can scarcely be justified, and, even in in Original, it presents serious Disadvantages Which Must Be Recognized in planing for Industrial efficiency, stabilization of the working force, the promotion of industry good-will, and the conservation of the health and vitality of the workers. Nightwork can not be Regarded as desirable, from the point of Either view of the employer or of the wage earner. It is uneconomical UNLESS overhead costs are unusually heavy. Frequently the scale of wages is higher as an inducement to employees to accept employment on the night shift, and the rate of production is Generally lower. (Management of Labor Relations, by Watkins & Dodd, pp 522-524,. Emphasis ours.) . . . The lack of sunlight Tends to produce anemia and tuberculosis and to predispose to other ills. Nightwork Brings Increased liability to eyestrain and accident. Serious moral dangers are there also likely to result from the necessity of traveling the streets alone at night, and from the interference with the normal home life. From an economic point of view,, Moreover, the Investigations Showed That Nightwork was unprofitable, being inferior to day work Both in quality and in quantity. Wherever it HAD Been Abolished, in the long run Both the efficiency of the management and of the workers was raised. Furthermore, it was found That Nightwork laws are a valuable aid in enforcing acts fixing the maximum period of employment. (Principles of Labor Legislation, by Commons and Andrews, 4th Revised Edition, p. 142)
Special regulation of Nightwork for adult men is a Comparatively recent development. Some European countries country ADOPTED have special laws Placing Limitations on hours of Nightwork for men, and others prohibit Such work except in continuous Processes. (Principles of Labor Legislation, 4th Revised Edition by Common & Andrews, p. 147) Nightwork have almost invariably Been Looked upon with disfavor by students of the problem Because of the excessive strain Involved, Especially for women and young persons, the large amount of lost time consequent upon exhaustion of the workers, the additional strain upon Responsibility and the executive staff , the tendency of excessively fatigued workers to "keep going" on artificial stimulants, the overall curtailment of time for rest, leisure, and culture improvement, and the fact That night workers, although precluded to an Extent day from the activities of life, do Attempt to enter into activities in Original, With resultant impairment of physical well-being. It is not contended, of course, Nightwork That Could Be Abolished in the continuous-process industries, but it is possible to put upon a Three- Such industries or four-shifts basis, and to prohibit Nightwork for women and children. (Labor's Progress and Problems, Vol. I, p. 464, by Professors Millis and Montgomery.) Nightwork. - Civilized peoples are beginning to Recognize the fact That except in cases of necessity or in periods of great emergency, Nightwork is socially undesirable. Under our modern industry system, however it, you Nightwork Greatly aided the production of commodities, and has offered Preferred a significant method of cutting down the everincrease increasing overhead costs of industry. This result has led to believe That Employers Such work is Necessary and profitable. Here again one meets a conflict of economic and social interests. Under These Circumstances it is Necessary to discover Whether you Nightwork deleterious effects upon the health of laborers and Tends to reduce the ultimate supply of efficient labor. If it can adversely Proved That Nightwork Affects Both the quality and quantity of productive labor, ITS Undoubtedly Discontinuance will be sanctioned by Employers. From a social point of view, even a high degree of efficiency relativamente in night operations must be forfeited if it is Purchased with rapid exhaustion of the health and energy of the workers. From an economic point of view, Nightwork May be Necessary if the employer is to meet the demand for His product, or if I have to Maintain is his market in the face of mounting Variable increase increasing competition or production costs. Industrial experience has shown That the possession of extra-ordinary physical strength and self-monitoring Facilitates the reversal of the ordinary routine of work day and night rest, With the little or no unfavorable effect on health and efficiency. Unusual vitality and self-control however it, are not common possessions. It has-been found That The most serious obstacle to a reversal of the routine is the lack of self-discipline. Many night workers enter into the multitude numerous day activities of life That PRECLUDE sleep, and continue to do Their Attempt to work at night. Evidence recogida by the British Health of Munition Workers' Committee places permanent night workers,
Whether on the basis of Judged output or loss of time, in a very unfavorable positions as Compared with day workers. Systems of Nightwork Differ. There is the continuous system, in Which employees work by night and do not Attend the establishment at all by day, and the discontinuous system, in Which the workers change to turn the day at regular intervals, Usually every other week. There are, of course, minor variations in systems in Original, Depending upon the nature of the industry and the wishes of management. Such bodies as the British Health Munition Workers' Committee have Given us valuable conclusions Concerning the effect of Nightwork.Continuous Nightwork is definitely less productive than the discontinuous system.The output of the continuous day shift does not make up for this loss in production. There is,, Moreover, a marked difference Between the rates of output of night and day shifts on the discontinuous plan. In each case Investigated the inferiority of night work was definitely established. This inferiority is evidently the result of the night worker's failure to secure proper Amounts of sleep and rest during the day.The system of continuous shifts, Especially for women, is Regarded as undesirable by all investigators. Women on continuous Nightwork are likely to perform domestic Duties, and added strain Undoubtedly This accounts for the poorer results of Industrial Their activities. The tendency to devote to amusement and other things That should be the time spent in rest and sleep is as common Certainly Among Men Among women as workers and accounts for the loss of Largely efficiency and time on the part of Both sexes in Nightwork. The case against Nightwork, then, May be said to rest upon several grounds. In the first place, there are the injurious effects of permanent remotely Nightwork Manifested in the later years of the worker's life. Importance Of more immediate to the average worker is the disarrangement of His social life, treats including the recreational activities of His leisure hours and the ordinary associations of regular family relations. From an economic point of view, is to be discouraged Nightwork Because of Its adverse effect upon efficiency and output. A moral argument against Nightwork in the case of women Is that the night shift forces the workers to go to and from the factory in darkness. Recent experiences of industrial nations have added much to the evidence against the continuation of Nightwork, except in extraordinary Circumstances and unavoidable emergencies. The immediate prohibition of Nightwork for all laborers is hardly practicable; ITS Discontinuance in the case of women employees is unquestionably desirable. 'The night was made for rest and sleep and not for work' is a common saying Among wage-earning people, and many of them dream of Industrial an order in Which there will be no night shift. (Labor Problems, 3rd Edition, p. 325-328, by Watkins & Dodd.). On merits of the above, the appeal is denied certiorari filed and the Court Of Industrial Reclaciones confirmed, with costs to appellant by. So it is ordered.
