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

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: