C. Brewer Puerto Rico, Inc. v. Superior Court of Puerto Rico
C. Brewer Puerto Rico, Inc. v. Superior Court of Puerto Rico
Opinion of the Court
delivered the opinion of the Court.
On January 9, 1964 Celestino Velilla Mercado filed a complaint against C. Brewer of Puerto Rico, Inc., claiming hours worked in excess of the legal working day during the period comprised between January 1954 and December 1968, and the amount of ten dollars weekly — without stating the reason therefor — from January 1, 1957 till the time the action was filed. In its answer defendant opposed, among other things, the demurrer of res judicata invoking the final judgment rendered by the same court in civil case CS-63-105, entitled Pedro Acosta Maldonado et al. v. C. Brewer Puerto Rico, Inc.
At the hearing held for the special defense of res judicata, defendant offered, and it was admitted in evidence, '■ the original record of the aforementioned case CS-63-105. An
In deciding the question raised, the trial court stated that the defense invoked is not applicable to the action brought on the grounds that the claims for wages are clothed with public interest, and on the provision which declares the non-waiver of the right to claim compensation for extra hours. It concludes by making reference to the doctrine of this Court which denies the availability of the defense of res judicata
It is advisable to explain that we are not dealing here with an assumption of waiver of the additional compensation for the work performed in excess of the legal working period,
It is not venturesome to state in the specific ease we are considering — in examining the chronological order of the actions — that the plaintiff, while the first suit was pending, had full knowledge of the existence of the claim on which his present legal action is based. He preferred to wait for judgment to be rendered to attempt later a new claim, thus splitting his cause of action. Cf. Feliciano Ruiz v. Alfonso Development Corp., post, p. 105.
The order issued by the Superior Court, Humacao Part, on June 20, 1967, will be set aside, and the case will be remanded for further proceedings consistent with this opinion.
It refers to an agreement in order that the Bureau of Labor Standards of the Department of Labor would revise the payrolls to determine tire correctness of the computation of the extra hours made by defendant. A term of two years was fixed therefor. •
Section 12 of Act No. 379 of May 15, 1948, 29 L.P.R.A. § 281, states that the additional compensation for the extra hours worked may not be waived, and that any stipulation or clause by virtue of which the employee agrees to waive the payment of the additional compensation for extra hours shall be void. See Compañía Popular v. District Court, 63 P.R.R. 116 (1944).
See American Colonial Broadcasting Corporation v. Superior Court, 94 P.R.R. 270 (1967).
In discussing the general provision of § 4 of the 'Civil Code which rejects the waiver of the rights granted by law when they are contrary to public interest and policy, Manresa states that the benefits granted to the employee by the social legislation may not be waived. He adds: “But it is necessary to distinguish the unlawful waiver in the labor contract, from the legal one originated in a subsequent act, performed with full liberty to accept or not the due amounts [citation], the employee being able to compromise and yield his rights once they are merged [citations].” I Comentarios al Código Civil Español 179 (1956 ed.).
Avellanet v. Porto Rican Express Co., supra, has prevailed since 1945 without there being any attempt of legislative action to set it aside. Cf., among others, Sec. of Labor v. Superior Court, 91 P.R.R. 831 (1965) and Act No. 106 of June 6, 1967 (Sess. Laws, p. 342); Cassasús v. Escambrón Beach Hotel, 86 P.R.R. 356 (1962) and Act No. 103 of June 6, 1967 (Sess. Laws, p. 336); Medina v. Unión Obreros Cervecería Corona, 86 P.R.R. 609 (1962) and Act No. 11 of April 26, 1963 (Sess. Laws, p. 15); Valiente & Cía. v. District Court, 68 P.R.R. 36 (1948) and Act No. 150 of May 1, 1950 (Sess. Laws, p. 406).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.