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ART.

83: NORMAL HOURS OF WORK o EES is inactive by reason of interruption


The purpose of the eight-hour labor law is to: in his work beyond his control
1. Safeguard the health and welfare of the laborer
or employee PRELIMINARY and POSTLIMINARY activities are
2. Minimize unemployment by forcing employers to deemed performed during working hours, where:
utilize different shifts of laborers or employees  Such activities are controlled or required by the
working only for eight hours each. employer
 Pursued necessarily and primarily for the
The law prescribes a maximum but not a minimum. It employer’s benefit
merely states that the hours of work should not exceed
eight hours. Thus, part-time work is not prohibited by law. RULE ON WAITING TIME: the controlling factor is
Their wages and benefits are in proportion to the hours whether waiting time spent in idleness is so spent
worked. predominantly for the employer’s benefit or for the
employee’s.
Health personnel are covered by the 40-hour workweek. - Waiting time spent by an employee shall be
However, this is not applicable when there is a training considered as working time if waiting is
agreement between the resident physician and the considered as an integral part of his work or if the
hospital. The training program must be accredited or employee is required or engaged by an employer
approved by the appropriate government agency. to wait.
- In this case there is no EER.
- The Manila Medical Society is excluded in such WORKING WHILE EATING: the EES must be completely
definition. relieved from duty for the purpose of eating regular meals.
- Health personnel in government service are also Meal time is not compensable if he is freed from duties
excluded from coverage. during the meal period.
- But EES is not relieved when he is required to
TWELVE-HOUR SHIFT WITH OVERTIME perform duties while eating.
The workshift may exceed eight hours with corresponding - Non-compensable meal break is free time. If it is
overtime pay. This is made through a contract freely not, then it is compensable regardless of whether
entered into. or not the worker is able to eat.
- Working hours may be changed at the discretion
of the company provided that such change: WORKING WHILE SLEEPING: This depends upon the
o Is necessary for the operation of the express or implied agreement of the parties. In the
company absence of an agreement, it will depend upon:
o The employees shall observe such rules - The nature of the service
laid down by company. - Its relation to the working time
- In this situation, the workers are deemed to have
waived the eight-hour schedule since they The rule is that sleeping time may be considered working
followed what was stated in the agreement while time if it is subject to serious interruption or takes place
such was still in force without any question. under conditions substantially less desirable than would
- The 12-hour workshift is validated by: likely to exist at the EES home.
o Consent
o 4-hour overtime work with overtime pay. ON CALL: when the work is not continuous, the time
when the laborer can leave his work and rest completely
ART. 84: HOURS WORKED shall not be counted in the computation.
- However if they are required to be in the place of
Principles in determining hours worked:
work before or after regular working hours and
1. All hours are hours worked which the EES is
within the call of their EERs, the time they stay
required to give his employer
2. EES need not leave the premises for his rest in the place of work should not be discounted
period to be counted; it is enough that: from their working hours.
- The test is whether or not he cannot use the time
o He may rest completely and may leave
effectively for his own purposes because he is “on
his workplace
call”.
o To go elsewhere, whether within or
- For public health workers: they will receive an
outside such workplace
o Work performed was necessary or on call pay equivalent to 50% of his or her regular
beneficial to the employer; employee wage.
- Does not apply with cellular phone or other
could not abandon his work at the end of
contact device.
working hours because he had no
replacement
TRAVEL TIME: whether or not it is compensable depends
 Should be with knowledge of
the EER or immediate upon the kind of travel involved.
supervisor. - Travel from home to work: it is not compensable
because it is a normal incident of employment.
But while normal travel is not worktime, when an 1. Work is non-manual or does not involve serious
EES receives an emergency call outside of his physical exertion
regular working hours and is required to travel to 2. Est. regularly operates not less than 16 hours a
his regular place of business or some other work day
site, all of the time spent in such travel is working 3. Actual or impending emergencies or urgent work
time. to be performed on machineries
- Travel that is all in the day’s work: if travel is part 4. Work is necessary to prevent serious loss of
of his principal activity, such as travel from jobsite perishable goods
to jobsite during the workday it must be counted
as hours worked.
- Travel away from home: it is worktime when it
cuts across the EES’ workday.

ATTENDANCE AT LECTURES, MEETINGS, TRAINING


PROGRAMS: need not be counted as working time if the
following criteria are met:
1. Attendance is outside regular working hours
2. Voluntary
3. EES does not perform any productive work during
such attendance

GRIEVANCE MEETING: comprises hours worked when


EES are required by the EES to be on the premises.

SEMESTRAL BREAK: regular full-time monthly paid


teachers in a private school are entitled to salary and
emergency cost-of-living allowance.

WORK HOURS OF SEAMEN: laborer need not to leave


the premises; it is enough that he ceases to work, may
rest completely…
- Only entitled to overtime pay only for work in
actual service beyond eight hours.

BURDEN OF PROOF: when an employer alleges that his


employee works less than the normal hours of
employment as provided for in the law, he bears the
burden of proving his allegation with clean and
satisfactory evidence.

ART. 85: MEAL PERIODS


Should not be less than 60 minutes time-off for their
regular meals.
- Not compensable except when:
o Predominantly spent for EER’s benefit
o Where it is less than 60 mins

Where work is continuous for several shifts, the meal


time breaks should be counted as working time for
purposes of overtime compensation.

The implementing rules allow the meal time to be less


than 60 mins, but in no case shall it be shorter than 20
mins.
- Shortened meal time should be with full pay.
- Also with pay when EES cannot eat because he
is still working.
- If less than 20 minutes, it becomes a rest period
and is considered working time.
SITUATIONS WHEREIN MEAL BREAK MAY BE
SHORTENED TO LESS THAN 60 MINS WITH FULL
PAY: