ni Atty. Persida Rueda-Acosta @Magtanong Kay Attorney | April 25, 2024
Dear Chief Acosta,
Ano ba iyong tinatawag na fiduciary rank-and-file employees? Ano ang pinagkaiba nito sa mga tinatawag na managerial employees? Ako kasi ay naglilingkod bilang isang cashier at madalas pinagkakatiwalaan ng aming amo patungkol sa pagpapalakad ng tindahan pero hindi malinaw sa akin kung ako ay managerial o rank-and-file employee pa rin.
— Sophia
Dear Sophia,
Ang iyong katanungan ay sinagot ng Korte Suprema sa kasong Fiamette A. Ramil vs. Stoneleaf Inc., et al., G.R. No. 222416, 17 June 2020, sa panulat ni Kagalang-galang na Kasamang Mahistrado Jose C. Reyes Jr. Sang-ayon sa Korte Suprema, ang pamantayan upang masabing managerial employee ang isang empleyado ay:
“Article 82 of the Labor Code enumerates the employees excluded from the coverage of labor standards benefits.
ART. 82. Coverage. – The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
As used herein, ‘managerial employees’ refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff.
The Omnibus Rules Implementing the Labor Code states that managerial employees and members of the managerial staff are those who meet the following conditions:
(b) Managerial employees, if they meet all of the following conditions:
(1) Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof.
(2) They customarily and regularly direct the work of two or more employees therein.
(3) They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight.
(c) Officers or members of a managerial staff if they perform the following duties and responsibilities:
(1) The primary duty consists of the performance of work directly related to management policies of their employer;
(2) Customarily and regularly exercise discretion and independent judgment; and
(3) (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute, under general supervision, special assignments and tasks; and
(4) Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above.”
Sang-ayon pa sa nasabing desisyon, hindi lahat ng pinagkakatiwalaan na magpalakad ng isang tindahan o opisina ay itinuturing na managerial employee. Ang iba ay tinatawag na fiduciary rank-and-file employee. Ayon sa Korte Suprema:
“It must be pointed out that the test of “supervisory” or “managerial status” depends on whether a person possesses authority to act in the interest of his employer, and whether such authority is not merely routinary or clerical in nature, but requires the use of independent judgment. Simply put, the functions of the position are not managerial in nature if they only execute approved and established policies leaving little or no discretion at all whether to implement said policies or not.
In the instant case, the position held by complainant and its concomitant duties failed to overcome the above mentioned test. Her assigned tasks do not at all indicate that complainant can exercise the powers equivalent to managerial actions which require independent judgment. At the least, there is no evidence that she was vested with duties attributable to a managerial employee or to a member of the managerial staff. xxx
The Court concurs with the NLRC's conclusion that Ramil is not a managerial employee, but a rank-and-file employee. Specifically, she is a fiduciary rank-and-file employee. Wesleyan University Phils. v. Reyes defines a fiduciary rank-and-file employee as one who in the normal and routine exercise of his/her functions regularly handle significant amounts of money or property. Cashiers, auditors, and property custodians are some of the employees in the second class.
Here, Ramil regularly handles significant amounts of money or property in the normal and routine exercise of her functions. She was in charge of the facilities of the spa by making sure it is in good condition and that the items needed are in full stock all the time. She was also in charge of the sales of the spa when she took over the duties of the receptionist/cashier. In fact, Stoneleaf admitted in its Comment that she was entrusted with the finances of the spa, including the handling of cash receipts, billings statements, and the care of the spa’s property. Therefore, Ramil is a fiduciary rank-and-file employee, and she is entitled to service incentive leave pay, holiday pay, and pro-rated 13th month pay. She is also entitled to attorney’s fees equivalent to 10% of the monetary award, because she was compelled to file a complaint to protect her interests.”
Ayon sa nasabing desisyon, ang isang supervisory o managerial employee ay empleyado na may kapangyarihan na magdesisyon para sa kumpanya at hindi nag-iimplementa lamang ng mga polisiya na inilatag ng management. Gaya sa iyong tanong, ikaw ay maaaring ikonsiderang fiduciary rank-and-file employee dahil ikaw ay humahawak ng mga halaga para sa iyong kumpanya at namamahala ng tindahan, ngunit hindi ka naman nagdedesisyon ukol sa mga polisiya ng kumpanya.
Sana ay nabigyan namin ng linaw ang iyong katanungan. Ang payong aming ibinigay ay base lamang sa mga impormasyon na iyong inilahad at maaaring magbago kung mababawasan o madaragdagan ang mga detalye ng iyong salaysay.
Maraming salamat sa iyong patuloy na pagtitiwala.