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Pop Fizz Company (Pop Fizz) manufactures, sells, and distributes soft drinks nationwide. It operates a bottling plant in Laguna, where it has 20…

2026 Bar Exam · Labor Law & Social Legislation · Question 8 · Essay

The question

Pop Fizz Company (Pop Fizz) manufactures, sells, and distributes soft drinks nationwide. It operates a bottling plant in Laguna, where it has 20 male unionized bottling operators assigned to Bottling Line 1, and 12 to 14 operators who work in Bottling Line 2. The operators work in two shifts, from 8 a.m. to 5 p.m., and 5 p.m. until production ends. The second shift may extend beyond eight hours, with overtime pay, when applicable. For the past 10 years, operators could request chairs while working. However, in September 2026, Pop Fizz removed all chairs following a national directive under its “Mas Malinis, Mas Mabilis” program. The initiative requires operators to continually move around, and clean or maintain the equipment assigned to them. The union objected to the removal of the chairs and argued that this violated Article 100 of the Labor Code. Is the union correct? Explain.

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Held

No, the union is not correct that the removal of chairs violated Article 100 of the Labor Code, under Royal Plant Workers Union v. Coca-Cola Bottlers Philippines, G.R. No. 198783 (2013-04-15).

Explanation

Article 100 of the Labor Code contains the non-diminution rule, which prohibits employers from reducing employee benefits or privileges that form part of their compensation. However, the term "benefits" in this context refers to monetary benefits or privileges with monetary equivalents, such as bonuses, salary increases, or paid leaves. Non-monetary conveniences or facilities, such as chairs, are not considered employee benefits under Article 100. The Supreme Court has clarified that voluntary acts by employers, such as providing chairs, do not create vested rights if not expressly included in the collective bargaining agreement (CBA). Management prerogative allows employers to make legitimate business decisions, including removing such conveniences, especially when justified by operational needs or programs. The Court also considers whether the change adversely affects employees' working conditions or rest periods.

Application to the facts

Pop Fizz Company removed the chairs following a national directive under its “Mas Malinis, Mas Mabilis” program, which requires operators to move around and maintain equipment. This operational change is a legitimate exercise of management prerogative. The union's claim that the removal violates Article 100 fails because chairs are not a monetary benefit or privilege forming part of the employees' compensation. The long-standing practice of providing chairs was voluntary and not part of the CBA, so it did not create a vested right. If the operators' rest periods or working hours were adjusted to compensate for the removal, as in the Coca-Cola case, this would further support the lawfulness of the removal. Since the question states the second shift may extend with overtime pay and does not mention any reduction in rest periods, the key point remains that chairs are not covered by Article 100 protections.

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This is general legal information, not legal advice.