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HOURS

OF WORK
AGENDA 01 COVERED EMPLOYEES
02 NORMAL HOURS OF
WORK
03 COMPENSABLE HOURS
04 MEAL BREAK
05 WAITING TIME

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01
COVERED
EMPLOYEES
All employees in all
establishments,
whether for profit or
not (Labor Code,
Book III, Title I
[Working Conditions
and Rest Periods])
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EMPLOYEES EXCLUDED
• Government employees

• Managerial employees and members of the managerial staff

• Members of the family of the employer who are dependent on


him for support

• Domestic servants and persons in the personal service of


another

• Workers paid by result

• Non-agricultural employees (field personnel)


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NORMAL
01
HOURS OF
WORK
The normal hours
of work of an
employee shall not
exceed eight (8)
hours a day (Labor
Code, Art. 83).
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• Health personnel
EXCEPTIONS:
• Compressed Work
Week

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COMPENSABLE
HOURS
• All the time during
which an
employee is
required to be on • All time during • Rest periods of short

duty or to be at a which an employee duration during working

prescribed is suffering or hours – counted as


workplace permitted to work hours worked (Labor
Code, Art. 84) 7
1. Should not be less than 60
MEAL BREAK minutes – non-compensable

RULES • EXCEPT:

• Required to stand by for


emergency work;

• Meal not one of the complete rest


– considered hours worked (Pan
American World Airways System
v. Pan American Employees
Association, GR No. L-16275, Feb.
24, 1961)
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2. Maybe less than 60 minutes but
MEAL BREAK not less than 20 minutes and the
RULES shortened mealtime must be with
full pay, under certain instances:

• Non-manual work in nature or


does not involve strenuous
physical exertion;

• Establishment regularly
operates not less than 16 hours
a day;

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• Case of actual or impending
MEAL BREAK emergencies or there is an

RULES urgent work to be performed on


machineries, equipment or
installations to avoid serious
loss which the employer would
otherwise suffer; and
• Work necessary to prevent
serious loss of perishable goods
(IRR of Labor Code, Book III,
Rule 1, Sec. 7).

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MEAL BREAK 3. If less than 20

RULES minutes – becomes only


a rest period and
considered as worktime
(IRR of Labor Code,
Book III, Rule 1, Sec. 7)

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WAITING
TIME
RULES ON WAITING TIME
Waiting time is considered as hours worked if:
• An integral part of his work
• Employee required or engaged by employer to wait –
compensable; employee waiting to be engaged or not
required to wait – not compensable
• Employee required to remain on call in the employer’s
premises or so close thereto that he cannot use the time
effectively and gainfully for his own purpose (IRR of Labor
Code, Book III, Rule 1, Sec. 5).
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THINGS TO PONDER
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• Utility men assigned by supermarket
supervisor to night shift from 8 pm to 4 am.

• 8:30 pm – delivery vans arrived containing 500


boxes of pineapple juice; they did the job for
30 minutes

• 9 pm to 1 am – they slept

• 1:30 am – 2nd wave of delivery came; they


unloaded the contents for 30 minutes

• 2:00 am until time off – they slept

ISSUE: Are these sleeping time compensable


working period?
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