Short answer. Almost certainly not. Article 82 defines managerial employees by primary duty — the management of the establishment or of a department or subdivision of it — not by job title. A manager in name who manages nothing does not meet the definition, and the exemption falls with it.

What the law says

those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof

Labor Code, Article 82 — Who Is Covered. Read the full provision →

“Primary duty” is the whole test

The phrase asks what you mainly do, not what you are occasionally allowed to do. An employee who spends the working day on the same tasks as the team, and once a month approves a schedule, has a primary duty that is operational rather than managerial. There must also be something being managed — the establishment, or a department or subdivision thereof. Where no unit answers to you and no part of the business is yours to run, the definition has nothing to fasten onto, whatever the title says.

Why the title alone proves so little

Inflated titles are common and are usually given for reasons that have nothing to do with this article — client-facing credibility, a substitute for a raise, internal grading. That is precisely why the Code defines the category by function. If the designation decided the question, an employer could remove an entire workforce from the hours-of-work rules by reprinting its business cards. Courts and labour officials therefore look past the label, and so should you when working out whether you have a claim.

What real managerial work looks like

The features that matter are ones you can check. Do you decide, rather than recommend, things like hiring, assignment, discipline, purchasing or schedules? Does anyone report to you, and are you answerable for their output? Can you commit the employer to anything without someone else's approval? Are you free to organise your own time? A role that answers no across the board is being supervised, not supervising, and the article's other exclusions are unlikely to fit any better.

Build the record from the ordinary paper

Keep the documents that show how the work was really organised: the organisational chart, your appointment letter and job description, approval forms showing whose signature was actually needed, schedules assigned to you by someone else, and the daily instructions you received. Add your own account of a typical week, task by task. Then keep the time and attendance records and payslips, because a claim for unpaid overtime needs the hours proved as well as the classification defeated.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.