Labor-Laws-Sept-09.pdf

Conditions on Employment Normal hours of work may be shortened or compressed. Neither does it follow that a person who does not observe...

Conditions on Employment Normal hours of work may be shortened or compressed. Neither does it follow that a person who does not observe normal hours of work cannot be deemed an employee. In Cosmopolitan Funeral Homes, Inc. v. Maalat, the employer similarly denied the existence of an Er-Ee relationship, as the claimant according to it, was a "supervisor on commission basis" who did not observe normal hours of work. The eight-hour work requirement does not, however, preclude the employer in the exercise of its management prerogatives to reduce the number of working hours, provided that there is no diminution of existing benefits. Work Day Work day is the 24-hour period which commences from the time the employee regularly starts to work Coverage Illustration: If the worker starts to work 8 am today, the Employees in all establishments, whether operated workday is from 8 am today up to 8 am tomorrow. for profit or not, are covered by the law on labor standards. Part-time Work It is not prohibited to have normal hours of work of less Exclusions than eight hours a day. What the law regulates is work hours The following are excluded from the coverage of exceeding eight – it prescribes the maximum but not the the law on labor standards: minimum. 1. Government employees; NOTE: Under Art. 124, as amended by R.A. 6727, wage 2. Managerial employees; proportionate to part-time work is recognized. The wage 3. Other officers or members of a managerial and benefits of a part-time worker are in proportion to the staff; number of hours worked. For example, if an Ee earns 4. Domestic servants and persons in the P300.00 for an 8-hour work, he shall then get P150.00 for personal service of another; work done in 4 hours. 5. Workers paid by results; 6. Non-agricultural field personnel; and 7. Members of the family of the employer. Broken Hours Minimum normal 8 working hours fixed by law need not be NORMAL HOURS OF WORK continuous to constitute the legal working day. It may mean broken hours of say, 4 hours in the morning and 4 hours in GR: The normal hours of work of any employee shall not the evening or variation thereof provided the total of 8 exceed 8 hours a day (LC, Art. 83). hours is accomplished within the work day Exceptions : 1. Health personnel COMPRESSED WORKWEEK 2. Compressed workweek It is a scheme where the normal workweek is reduced to less than 6 days but the total number of work-hours of 48 hours per week shall remain. Rationale Behind The 8-Hour Labor 1. To safeguard the health and welfare of the The normal workday is increased to more than 8 hours but labourer; and not to exceed 12 hours, without corresponding overtime 2. To minimize unemployment by utilizing different premium. The concept can be adjusted accordingly shifts depending on the normal workweek of the company Requisites HOURS WORKED 1. The scheme is expressly and voluntarily supported Working Time Working time is one during which an by majority of the Ees employee is actually working. It may include an instance 2. In firms using substances, or operating in when an employee is not actually working but he is required conditions that are hazardous to health, a to be present in the employer's premises. Thus, the fact that certification is needed from an accredited safety he is required to be present although not actually doing any organization or the firm’s safety committee that work, is still deemed working time. work beyond 8 hours is within the limit or levels of exposure set by DOLE’s occupational safety and health standards. When Hours Worked are Compensable 3. The DOLE Regional Office is duly notified 1. Ee is required to be on duty or to be at a prescribed workplace; 2. Ee is suffered or permitted to work; Valid Compressed Work Week 3. Rest periods of short duration during working The validity of the reduction of working hours can be hours which shall not be more than 20 minutes; upheld when the arrangement is: and 1. Temporary; 4. Meal periods of less than 20 minutes 2. It is a more humane solution instead of a retrenchment of personnel; NOTE: Travel time when beneficial to the Er is 3. There is notice and consultations with the workers compensable. and supervisors; 4. A consensus is reached on how to deal with deteriorating economic conditions; and Principles In Determining Hours Worked 5. It is sufficiently proven that the company was 1. All hours which the Ee is required to give to his Er suffering from losses. regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion. Types of Flexible Working Arrangements 2. Rest period is excluded from hours worked, even if 1. Reduction of workdays- where the normal Ee does not leave his workplace, it being enough workdays per week are reduced but should not last that: for more than six (6) months. a. He stops working 2. Rotation of workers- where the Ees are rotated or b. May rest completely c. May leave his alternately provided work within the workweek. workplace, to go elsewhere, whether 3. Forced leave- where the Ee are required to go on within or outside the premises of the leave for several days or weeks, utilizing their leave workplace. credits if there are any. 3. All time spent for work is considered hours worked 4. Broken-time schedule- where the work schedule is if: not continuous but the number of work hours a. The work performed was necessary within the day or week is not reduced. b. If it benefited the Er 5. Flexi-holiday schedule - where the Ees agree to c. Or the Ee could not abandon his work at avail themselves of the holidays at some other days, the end of his normal working hours provided that there is no diminution of existing because he had no replacement d benefits as a result of such arrangement. d. Provided, the work was with the knowledge of his Er or immediate Flexible Work Schedule-is the right granted to a solo parent supervisor employee to vary his/her arrival and departure time 4. All time spent for work is considered hours worked without affecting the core work hours as defined by the if: employer a. The work performed was necessary b. If it benefited the Er c. Or the Ee could not abandon his work at the end of his normal working hours because he had no replacement d d. Provided, the work was with the knowledge of his Er or immediate supervisor.  Otherwise, their failure to report in the assembly time Rules on Hours Worked would justify the company to impose disciplinary measures. 1. Waiting Time Travel Time 2. Preliminary and Postliminary Activities 1. Travel from home to work 3. Travel Time 2. Travel that is all in a day’s work 4. Sleeping Time 5. Power Interruptions Travel that is all in a day’s work – time spent in travel as part 6. Lectures, Meetings, Trainings Programs of the Ees principal activity. 7. Attendance in Labor Relations Activities 8. Semestral Break of Teachers e.g. travel from job site to job site during the work day, must be counted as working hours. Waiting Time It shall be considered as working time if: Travel away from home 1. Waiting is an integral part of this work; GR: 2. The employee is required or engaged by the a. Travel that requires an overnight stay on the part employer to wait; or 3. When employee is required of the Ee when it cuts across the Ees workday is clearly to remain on call in the employer’s premises or so working time. close thereto that he cannot use the time effectively and gainfully for his own purpose. b. The time is not only hours worked on regular workdays but also during corresponding working hours on NOTE: An employee who is not required to leave word at his non working days. Outside of these regular working hours, home or with company officials where he may be reached is travel away from home is not considered working time. not working while on call. XPN: During meal period or when Ee is permitted to sleep The controlling factor is whether waiting time spent in in adequate facilities furnished by the Er. idleness is so spent predominantly for the employer’s benefit or for the employee’s. Sleeping Time Whether sleeping time allowed an employee will be Engaged to Wait v. Waiting to be Engaged considered as per his working time will depend upon the In engaged to wait, waiting is an integral part of the job; the express or implied agreement of the parties. time spent waiting is compensable, while in waiting to be engaged, idle time is not working time; it is not In the absence of an agreement, it will depend upon the compensable. nature of the service and its relation to the working time. Preliminary and Postliminary Activities Compensable: if sleeping time is subject to serious Preliminary (before work) and postliminary (after actual interruption or takes place under conditions substantially work) activities deemed performed during working hours less desirable than would be likely to exist at the employer’s and compensable: home. 1. Where such activities are controlled by the employer or required by the employer; and Not compensable: if there is an opportunity for 2. Pursued necessarily and primarily for the comparatively uninterrupted sleep under fairly desirable employer's benefit. conditions. Employees are the entitled to portal pay for time spent on It is compensable working time if the nature of the incidental activities before or after the regular working employee's work allows sleeping without interrupting or period. prejudicing the performance of his work. Thirty-minute assembly timelong practiced and institutionalized by mutual consent of the parties under the collective bargaining agreement cannot be considered Power Interruptions waiting time of the employees if they are not subject to the 1. Brownouts of short duration but not exceeding 20 absolute control of the company during this period. minutes shall be treated as worked or compensable  hours whether used productively by the employees 3. The employee does not perform any productive or not; work during such attendance. 2. Brownouts running for more than 20 minutes may not be treated as hours worked provided that any Attendance in Labor Relations Activities of the following conditions are present: a. The employees can leave their work 1. CBA Negotiations - compensable if: place or go elsewhere whether within or without a. There is an agreement for the the work premises; or compensability in the parties’ Ground b. The employees can use the time Rules. B effectively for their own interest. b. There is an established policy allowing compensability. c. c. When it is done during regular work NOTE:In each case, the employer may extend the working hours with the agreement of the hours of his employees outside the regular schedules to employer. compensate for the loss of productive man-hours without being liable for overtime pay. 2. Grievance Meeting GR: Time spent in adjusting grievance between employer and employees Industrial enterprises with one or two workshifts may during the time the time employees are required by adopt any of the workshifts prescribed for enterprises with the employer to be on the premises is compensable. three workshifts to prevent serious loss or damage to materials, machineries, or equipment that may result in XPN: When a bonafide union is involved and there case of power interruption. is a CBA, policy, practice to contrary. The days when work was not required and no work could 3. Strikes GR: Not compensable XPN: if there is an be done because of shutdown due to electrical power agreement to allow “strike duration pay” provided interruptions, lack of raw materials and repair of machines, under the company policy, practice or CBA. are not deemed hours worked. 4. Strikes GR: Not compensable XPN: if there is an When a CBA contains a reporting time-off provision agreement to allow “strike duration pay” provided wherein employees who have reported for work but unable under the company policy, practice or CBA. to continue because of emergencies such as typhoons, flood, earthquake and transportation strike shall also mean to include brownout or power outage because the key element Semestral Break of Teachers of the provision is that employees who have reported for Semestral break of teachers is considered as compensable work are unable to continue working because of the hours worked for it is a form of an interruption beyond their incident. Hence employees who were prevented to continue control. their work due to brownout should also be remunerated. NOTE: Payment compensation is given only to regular full- time teachers. Time spent during which an employee is inactive by reason of interruptions beyond his control is working time, such as Hours Of Work Of Health Personnel twenty-minute electric power failure or machine GR: 8 hours for 5 days (40-hour workweek), exclusive of breakdowns. The pay for this non-productive time is known time for meals. as idle-time pay. Where the work is broken or is not continuous, the idle time that an employee may spend for XPN: Where the exigencies of the service require that such rest is not counted as working time. personnel work for 6 days or 48 hours, they shall be entitled to an additional compensation of at least 30% of their regular wage for work on the 6th day. Lectures, Meetings, Trainings Programs Attendance at lectures, meetings, trainings programs and Health Personnel Covered By The 40-Hour Workweek similar activities need not be counted as working time if the 1. Those in cities and municipalities with a population following criteria are met: of at least 1 million; or 1. Attendance is outside of the employee's regular 2. Those in hospitals and clinics with a bed capacity of working hours; at least 100. 2. Attendance is in fact voluntary; NOTE: Art. 83(2) of the LC does not require hospitals to pay the Ees a full weekly salary with paid 2 days off. Resident physicians to be on duty beyond the 40-hour workweek limitation. GR: The customary practice of requiring resident physicians beyond the 40 hours of work per week is not permissible and violates the limitation under Art. 83. XPN: If there is a training agreement between the resident physician and the hospital and the training program is duly accredited or approved by appropriate government agency. Work Hours of Seaman Seamen are required to stay on board their vessels by the very nature of their duties, and it is for this reason that, in addition to their regular compensation, they are given free living quarters and subsistence allowances when required to be on board. It could not have been the purpose of the law to require their employers to pay them overtime even when they are not actually working; otherwise, every sailor on board a vessel would be entitled to overtime for sixteen hours each day, even if he had spent all those hours resting or sleeping in his bunk, after his regular tour of duty. The correct criterion in determining whether or not sailors are entitled to overtime pay is not, therefore, whether they were on board and cannot leave ship beyond the regular eight working hours a day, but whether they actually rendered service in excess of said number of hours.