Airport customs personnel entitled to overtime

Bureau of Customs personnel at the Manila airport are hopeful of a merry Christmas following a ruling by the Supreme Court that they are entitled to overtime pay from airline companies which they have not received since 1992.

The high court’s ruling said customs employees at the Ninoy Aquino International Airport who work beyond regular office hours are entitled to overtime pay.

Tess Roque, head of the BOC contingent at the Ninoy Aquino International Airport, said the Supreme Court decision was a victory for customs employees who had retired while waiting for the final decision on the case.

“We welcome the SC decision and we hope to receive it at least before Christmas, also for those who had left the airport, ’’ Roque told the Inquirer in an interview.

She said that most of the customs personnel now in the NAIA are “new entries.’’

Covered by the order of the Supreme Court are the 28 members of the Board of Airlines (BAR): Asiana Airlines, Cathay Pacific, Cebu Pacific,China Airlines, China Southern Airlines, Continental Micronesia Airlines, Emirates Ethad Airways, Eva Air Airways, Federal Express Corp.,Gulf Air, Japan Airlines, AirFrance, KLM Royal Dutch Airlines, Korean Air, Kuwait Airways, Lufthansa German Airlines, Malaysia Airlines, Northwest Airlines, Philippine Airlines, Qantas Airlines, Qatar Airlines, Royal Brunei Airlines, Singapore Airlines, Swiss International Airlines, Saudi Arabian Airlines and Thai International Airways.

She said they expect the airlines to file a motion for reconsideration. They have until October 13 to do so.

The Supreme court’s recent ruling stated the Customs Administrative Order No. 1 issued in 2005 was constitutional, reversing an earlier decision of the Court Appeals that was unconstitutional.

The highest court ordered the airlines to pay custom employees at the NAIA P30-38 hourly overtime pay, P50 travelling allowance per day, and P50 allowance per meal.

Section 3506 of the customs order states that “Customs officials may be assigned by a collector to render overtime work at rates fixed by the Commissioner of Customs when the service rendered is to be paid for by importers, shippers, or other persons served.”

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