Hours of Work

Coverage/Exclusions Idle time, waiting time, commuting

time, travel time, whether part of hours
Normal Hours of Work
of work or not
Compressed Work Week
Overtime work
Work Interruption due to Brownouts
Night Work
Meal Break
COVERAGE
All employees in all establishments, whether operated
for profit or not, are covered by the law on labor
standards
EXCEPTIONS:
Government employees
Managerial employees
Other officers or members of a managerial staff
Domestic Servants and persons in the personal service of another;
Workers paid by results
Non-agricultural field personnel
Members of the family of the employer
NORMAL HOURS OF WORK
The total number of working hours of a worker or
employee shall not exceed 8 hours daily---the normal
hours of work.
Any work in excess of eight (8) hours is considered
overtime work.
Exceptions:
Reduction of 8-hour working day by employer (provided that
no corresponding deduction is made on the employees
wage or salary equivalent to an 8-hour work day.
Broken hours
The normal 8-working hours mandated by the law does not
always mean continuous and uninterrupted 8 hours of work.
NORMAL HOURS OF WORK
Exceptions:
Staggered working time (alternated, rotation, varied)
Work in different shifts
Reduction of workdays on account of losses
Workdays may be reduced in situations where the reduction in
the number of regular working days is resorted to by the
employer to prevent serious losses due to causes beyond his
control, such as when there is a substantial slump in the
demand for his goods or services or when there is lack of raw
material.
NORMAL HOURS OF WORK
Exceptions:
Flexible work schedule under R.A. No. 8972 (The Solo Parents
Welfare Act of 2000)
Flexible work schedule the right granted to a solo parent
employee to vary his/her arrival and departure time without
affecting the core work hours as defined by the employer
Solo parents are allowed to work on a flexible schedule,
provided, that the same shall not affect individual and
company productivity.
But, any employer may request for exemption from the above
requirements from the DOLE on certain meritorious grounds.

Flexible work arrangements during economic difficulties and

national emergencies
Part-time work (E-Er must have an agreement)
NORMAL HOURS OF WORK
HOURS OF WORK OF HOSPITAL AND CLINIC
PERSONNEL (Art. 83)
Coverage:
All hospitals and clinics, including those with a bed capacity
of less than 100 which are situated in cities or municipalities
with a population of one (1) million or more; and
All hospitals and clinics with a bed capacity of at least 100,
irrespective of the size of the population of the city or
municipality where they may be situated.

HEALTH PERSONNEL resident physicians, nurses, nutritionists,

dieticians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists,
midwives, attendants and all other hospital or clinic personnel
NORMAL HOURS OF WORK
HOURS OF WORK OF HOSPITAL AND CLINIC PERSONNEL (Art.
83)
Regular working hours of hospital and clinic personnel
Shall not be more than 8 hours in any one day nor more than 40
hours in any one week

Regular working days of hospital and clinic personnel

Shall not be more than 5 days in a workweek.
The workweek may begin in any hour and on any day
including Saturday or Sunday, designated by the employer.
Employers are not precluded from changing the time at
which the workday or workweek begins provided that the
change is not intended to evade the requirements of Rule 1-
A of the Rules to Implement the Labor Code.
NORMAL HOURS OF WORK
HOURS OF WORK OF HOSPITAL AND CLINIC
PERSONNEL (Art. 83)
Overtime work of Hospital or Clinic personnel
Where the exigencies of the service so require as determined
by the employer, any employee by be scheduled to work for
more than 5 days or 40 hours a week provided that the
employee is paid for the overtime work an additional
compensation equivalent to regular wage plus at least 30%
thereof.
COMPRESSED WORKWEEK (CWW)
Compressed workweek allowed.
The employer may compress the work days from 6 days (Monday to
Saturday) to 5 days (Monday to Friday) under certain conditions
imposed by the DOLE.
Requirements:
The employees voluntarily agree to work 9 hours a day from Monday to
Friday
There should be no diminution in the take-home pay and fringe benefits
of the employees
The value of the benefits that will accrue to the employees under the
proposed work schedule is more than or, at least, commensurate with,
or equal to, the one-hour overtime pay that is due them during
weekdays based on the employees quantification
COMPRESSED WORKWEEK (CWW)
Requirements:
The one-hour overtime pay of the employees will become
due and demandable if ever they are permitted or made
to work on any Saturday during the effectivity of the new
working time arrangement, since the agreement
between the employees and management is that there
will be no Saturday work in exchange for a longer work
day during weekdays
The work of the employees does not involve strenuous
physical exertion and they are provided with adequate
rest periods or coffee breaks in the morning and
afternoon
The effectivity of the proposed arrangement should be of
temporary duration as determined by the Secretary of
Labor and Employment.
WORK INTERRUPTION DUE TO BROWNOUTS
Brown-outs of short duration but not exceeding 20
minutes shall be treated as worked or compensable
hours whether used productively by the employees or
not.
Brown-outs running for more than 20 minutes may not
be treated as hours worked provided the following
conditions are present:
The employees can leave their workplace or go
elsewhere whether within or without the work premises;
or
The employees can use the time effectively for their
own interest.
WORK INTERRUPTION DUE TO BROWNOUTS
In each case, the employer may extend the working
hours of his employees outside the regular schedules
to compensate for the loss of productive man-hours
without being liable for overtime pay.
Industrial enterprises with one or two workshifts may
adopt any of the workshifts prescribed for enterprises
with 3 workshifts to prevent serious loss or damage to
materials, machineries or equipment that may result in
case of power interruptions.
The days when work was not required and no work
could be done because of shutdown due to
electrical power interruptions, lack of raw materials
and repair of machines, are not deemed hours
worked.
MEAL BREAKS (Art. 85, LC)
General rule on meal period.
Every employer is required to give his employees, regardless
of sex, not less than one (1) hour (or 60 minutes) time-off for
regular meals.
It is not compensable hours worked.
The employee is free to do anything he wants, except to
work.
If he is required, however, to work while eating, he should be
compensated therefor.
MEAL BREAKS (Art. 85, LC)
Shortening of meal time to not less than 20 minutes,
when compensable.
where the work is non-manual work in nature or does not
involve strenuous physical exertion
Where the establishment regularly operates for not less than
16 hours a day
In cases of actual or impending emergencies or when there is
urgent work to be performed on machineries, equipment or
installments to avoid serious loss which the employer would
otherwise suffer
Where the work is necessary to prevent serious loss of
perishable goods
MEAL BREAKS (Art. 85, LC)
Shortening of meal time to not less than 20 minutes,
when NOT compensable.
If the purpose is for the employees to be allowed to work
earlier than the lapse of 8 hours required by law.
Requirements:
The employees voluntarily agree in writing to a shortened meal
period of 30 minutes and are willing to waive the overtime pay
for such shortened meal period.
There should be no diminution in the benefits of the employees
which they receive prior to the effectivity of the shortened meal
period
The work of the employees does not involve strenuous physical
exertion and they are provided with adequate coffee breaks in
the morning and afternoon
MEAL BREAKS (Art. 85, LC)
Shortening of meal time to not less than 20 minutes,
when NOT compensable.
Cont. of Requirements:
The value of the benefits derived by the employees from the
proposed work arrangement is equal to or commensurate with
the compensation due them for the shortened meal period as
well as the overtime pay for 30 minutes as determined by the
employees concerned
The OT pay of the employees will become due and
demandable if ever they are permitted or made to work
beyond 4:30 pm
The effectivity of the proposed working time arrangement shall
be for temporary duration as determined by the Secretary of
Labor and Empployment.
MEAL BREAKS (Art. 85, LC)
Shortening of meal time to not less than 20 minutes,
effect.
The law does not allow that meal time be shortened
to less than twenty (20) minutes. If so reduced, the
same shall no longer be considered as a meal time
but merely as rest period or coffee break, therefore,
becomes compensable working time.
IDLE TIME, WAITING TIME, COMMUTING
TIME, TRAVEL TIME, WHETHER PART OF
HOURS WORK OR NOT (ART. 84, LC)
COMPENSABLE HOURS WORKED
All the time during which an
employee is required to be on duty or
to be at the employers premises or to
be at prescribed workplace
All the time during which an
employee is suffered or permitted to
work.
IDLE TIME, WAITING TIME, COMMUTING
TIME, TRAVEL TIME, WHETHER PART OF
HOURS WORK OR NOT (ART. 84, LC)
SOME PRINCIPLES IN DETERMINING HOURS WORKED
All hours are hours worked which the employee is required to
give to his employer, regardless of whether or not such hours
are spent in productive labor or involve physical or mental
exertion
An employee need not leave the premises of the workplace
in order that his rest period shall not be counted, it being
enough that he stops working, may rest completely and may
leave his workplace to go elsewhere, whether within or
outside the premises of his workplace
If the work performed was necessary or it benefited the
employer or the employee could not abandon his work at
the end of his normal working hours, all time spent for such
work shall be considered as hours worked if the work was with
the knowledge of his employer or immediate supervisor
IDLE TIME, WAITING TIME, COMMUTING
TIME, TRAVEL TIME, WHETHER PART OF
HOURS WORK OR NOT (ART. 84, LC)
SOME PRINCIPLES IN DETERMINING
HOURS WORKED
The time during which an employee is
inactive by reason of interruptions in his work
beyond his control shall be considered
working time either if the imminence of the
resumption of work requires the employees
presence at the place of work or if the
interval is too brief to be utilized effectively
and gainfully in the employees own interest.
IDLE TIME
The idle time during which an otherwise off-
duty employee remains available to be
called to work may or may not be
compensable, depending upon the
situation.
GENERAL RULE: The issue of compensability
depends on whether the time is spent
primarily for employers benefit as opposed
to the employees. The answer usually turns
upon the extent to which employee is able
to and does use the time effectively for
personal purposes.
 IDLE TIME
FACTORS FOR DETERMINING COMPENSABILITY
The employer requires the employee to remain in the employers
premises;
The employer requires the employee to wait at home for calls or
messages or confines the employee to a highly restricted
geographical area;
The employee receives numerous or frequent work assignments
during the on-call period;
The employee must respond within a short timeframe under the
circumstances (esp if the employee must travel somewhere to do
the work)
Requires the employee to be on-call frequently, never relieves the
employee from on-call status, does not permit the employee to
exchange calls or call periods with another worker, or does not
allow the employee to turn down at least some calls; and
There is an agreement or understanding covering the arrangement.
 WAITING TIME
It is compensable or considered as working time if
waiting is an integral part of his work or the
employee is required or engaged by the employer
to wait.
Time spent waiting for work is compensable if it is
spent primarily for the benefit of the employer and
its business.
In determining whether waiting time constitutes hours
worked, the amount of control the employer has over
the employee during the waiting time, and whether
the employee can effectively use that time for his
own purposes is material.
COMMUTING TIME AND TRAVEL TIME
A. TRAVEL FROM HOME TO WORK
An employee who travels from home before his regular
workday and returns to his home at the end of the
workday is engaged in ordinary home-to-work travel
which is a normal incident of employment and, therefore,
not considered as hours worked.
But while normal travel from home to work is not working
time, if an employee receives an emergency call outside
of his regular working hours and is required to travel to his
regular place of business or some other worksite, all of
the time spent in such travel is considered working time.
COMMUTING TIME AND TRAVEL TIME
B. TRAVEL THAT IS ALL IN THE DAYS WORK
Time spent by an employee in travel as part of his
principal activity, such as travel from jobsite during
workday, must be counted as hours worked.
Where an employee is required to report at a meeting
place to receive instructions or to perform other work
there, or to pick and to carry tools, the travel from the
designated place to the workplace is part of the days
work and must be counted as hours worked regardless of
contract, custom or practice.
COMMUTING TIME AND TRAVEL TIME
C. TRAVEL AWAY FROM HOME
Travel that keeps the employee away from home
overnight is travel away from home.
Travel away from home is clearly working time when it
cuts across the employees workday. The employee is
simply substituting travel for other duties.
Any work which an employee is required to perform
while travelling must be counted as hours worked.
An employee who drives a truck, bus, automobile, boat, or
airplane or an employee who is required to ride therein as
an assistant or helper, is working while riding, except during
bona-fide meal periods or when he is permitted to sleep in
adequate facilities furnished by the employer.
OVERTIME WORK (ART. 87, LC)
SOME PRINCIPLES ON OVERTIME WORK
Work rendered after normal 8 hours of work is called
overtime work.
In computing overtime work, regular wage or basic
salary means cash wage only without deduction for
facilities provided by the employer.
Premium pay means the additional compensation
required by law for work performed within 8 hours on non-
working days, such as regular holidays, special holidays and
rest days.
Overtime pay means the additional compensation for
work performed beyond 8 hours.
Every employee entitled to premium pay is also entitled to the
benefit of overtime pay.
 OVERTIME WORK (ART. 87, LC)
HOW OVERTIME IS COMPUTED
Situation OT Pay
For overtime work performed on an Plus 25% of the basic hourly rate
ordinary day
For overtime work performed on a rest Plus 30% of the basic hourly rate
day or on a special day which includes 30% additional
compensation (as provided in Art.
93(a) of the Labor Code
For overtime work performed on a Plus 30% of the basic hourly rate
regular holiday which includes 100% additional
compensation (as provided in Art.
94(b) of the Labor Code
For overtime work performed on a rest Plus 30% of the basic hourly rate
day which falls on a regular holiday which includes 160% additional
compensation
 EMERGENCY OVERTIME WORK (ART. 89, LC)
GENERAL RULE: No employee may be compelled to render overtime work
against his will.
EXCEPTIONS:
A. When the country is at war or when any other national or local emergency has
been declared by the National Assembly or the Chief Executive;
B. When it is necessary to prevent loss of life or property or in case of imminent
danger to public safety due to an actual or impending emergency in the locality
caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
C. When there is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer or some
other cause of similar nature;
D. When the work is necessary to prevent loss or damage to perishable goods; and
E. Where the completion or continuation of the work started before the eighth hour
is necessary to prevent serious obstruction or prejudice to the business or
operations of the employer.
F. When overtime work is necessary to avail of favorable weather or environmental
conditions where performance or quality of work is dependent thereon.
 UNDERTIME NOT OFFSET BY OVERTIME (ART. 88, LC)
Undertime work on any particular day shall not be
offset by overtime work on any other day.
Permission given to the employee to go on leave
on some other day of the week shall not exempt
the employer from paying the additional
compensation required by law such as overtime
pay or night shift differential pay.
 WAIVER OF OVERTIME PAY
GENERAL RULE: The right to claim overtime pay is
not subject to a waiver.
Such right is governed by law and not merely by the
agreement of the parties.
EXCEPTION: But if the waiver is done in exchange for and in
consideration of certain valuable privileges, among them
that of being given tips when doing overtime work, there
being no proof that the value of said privileges did not
compensate for such work, such waiver may be
considered valid.
 NIGHT WORK (ART. 86, LC)
NIGHT SHIFT DIFFERENTIAL
It is equivalent to 10% of employees regular wage for each
hour of work performed between 10:00 pm and 6:00 am of
the following day.
NIGHT SHIFT DIFFERENTIAL vs. OVERTIME PAY
Night shift differential pay is for work done during the
night; while
Overtime pay is for work in excess of the regular 8 working
hours.
NIGHT WORK (ART. 86, LC)
COMPUTATION OF NIGHT SHIFT DIFFERENTIAL PAY
Where night shift (10pm to
6am) work is regular work
a. On an ordinary day
b. On an a rest day, special
day or regular holiday
NIGHT SHIFT DIFFERENTIAL PAY
Plus 10% of the basic hourly
rate or a total of 110% of the
basic hourly rate
Plus 10% of the regular hourly
rate on a rest day, special day
or regular holiday or a total of
110% of the regular hourly rate
NIGHT WORK (ART. 86, LC)
COMPUTATION OF NIGHT SHIFT DIFFERENTIAL PAY
Where night shift (10pm to
6am) work is overtime work
a. On an ordinary day
b. On an a rest day, special
day or regular holiday
NIGHT SHIFT DIFFERENTIAL PAY
Plus 10% of the overtime hourly
rate or a total of 110% of the
overtime hourly rate on an
ordinary day
Plus 10% of the overtime hourly
rate on a rest day, special day
or regular holiday
NIGHT WORK (ART. 86, LC)
COMPUTATION OF NIGHT SHIFT DIFFERENTIAL PAY

For overtime work in the night NIGHT SHIFT DIFFERENTIAL PAY

shift
a. On an ordinary day
b. On an a rest day, special
day or regular holiday
Plus 10% of 125% of basic
hourly rate or a total of 110%
of 125% of basic hourly rate
Plus 10% of 130% of regular
hourly rate on said days or a
total of 110% of 130% of
applicable regular hourly rate