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15. Apex Mining Company Inc. v. NLRC.docx - Case: APEX...

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Case: APEX Mining Company, Inc v. NLRCG.R No. 86200February 25, 1992Topic: Past Practice (Art. 100 of the Labor Code)- Non-Diminution of BenefitsDOCTRINE:"Art. 100. Prohibition against elimination or diminution of benefits — Nothing in [BookThree — Conditions of Employment] shall be construed to eliminate or in any waydiminish supplements, or other employee benefits being enjoyed at the time ofpromulgation of this Code.""Section 6. Non-diminution of benefits — The statutory minimum wage rates shall beexclusive of whatever supplements and other benefits the workers are enjoyingwithout cost at the time of the effectivity of this Order."The prohibition against elimination or diminution of benefits set out in Article 100 of theLabor Code is specifically concerned with benefits already enjoyed at the time of thepromulgation of the Labor Code. Article 100 does not, in other words, purport to applyto situations arising after the promulgation date of the Labor Code.PLAINTIFFSDEFENDANTSAPEX MINING COMPANY, INCNLRCACTION SEQUENCE:Complaint of the Respondents (non-compliance with the increases asmandated by Wage Orders Nos. 5 and 6)→ LA held that the wage increase given inaccordance with the CBA could not be credited as compliance with increasesmandated in the Wage Orders → NLRC affirmed LA’s ruling → SC granted petitionfor certiorariFACTS

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