University of Pangasinan Faculty Union vs University of Pangasinan and NLRC Facts: - Petitioner s members are full-time professors, instructors

and teachers of respondent university. The teachers in the college level teach for a normal duration of 10 months a school year, divided to two semesters of 5 months each, EXCLUDING two months of summer vacation. They are paid salaries on a regular monthly basis. - From November 7 to December 5, during the semestral break, they were NOT paid their ECOLA (Emergency Cost of Living Allowance) - Respondents contend that the teachers are NOT entitled to such benefit because the semestral break is NOT an integral part of the school year and that they did NOT render actual service during this time, hence, No work, No Pay applies. Issue: Whether or NOT petitioners are entitled to ECOLA during the semestral break from November 7 to December 5,1981 of the 1981-1982, School year? Ruling: The Supreme Court ruled in favor of the PETITIONERS. Petitioners are full-time employees receiving their monthly salaries irrespective of the number of working days or teaching hours in a month. However, they are forced to go on leave during semestral breaks. They cannot be considered absent within the meaning of the law for which deductions may be made from monthly allowances. No Work No Pay does NOT apply in this case. Petitioners did NOT voluntarily absent themselves during semestral breaks. Rather, they are constrained to take mandatory leave from work. Also, the teachers are also burdened with the task of working during a period of time supposedly available for rest and private matters. There are papers to correct, students to evaluate students, deadlines to meet and periods within which to submit grading reports. Sec 4 of the Omnibus Rules Implementing the Labor Code provides: Principles in determining hours worked- The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule: (d) The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered 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 The semestral break scheduled is an interruption beyond petitioners control and it cannot be used effectively nor gainfully in the employees interest. Thus, the semestral break may also be considered as hours worked. Hence, the teachers are entitled to be paid the ECOLA. Ratio: Semestral breaks are also considered hours worked as provided by Sec 4 of the Implementing Rules and Regulations of the Labor Code.