Chapter Five

MANAGEMENT PREROGATIVES
TOPICS PER SYLLABUS
E. Change of Working Hours

E.
CHANGE OF WORKING HOURS

1. PREROGATIVE TO CHANGE WORKING HOURS.

Employers have the freedom and prerogative, according to their discretion and best judgment, to regulate
and control the time when workers should report for work and perform their respective functions. 1
2. ILLUSTRATIVE CASES.
Sime Darby Pilipinas, Inc. v. NLRC. 2 - The exercise of this prerogative is best exemplified in this case
where it was held that management retains the prerogative to change the working hours of its employees whenever
exigencies of the service so require.
Manila Jockey Club Employees Labor Union PTGWO, v. Manila Jockey Club, Inc. 3 - The validity
of the exercise of the same prerogative to change the working hours was affirmed in this case. It was found that
while Section 1, Article IV of the CBA provides for a 7-hour work schedule from 9:00 a.m. to 12:00 noon and from
1:00 p.m. to 5:00 p.m. from Mondays to Saturdays, Section 2, Article XI thereof expressly reserves to respondent
the prerogative to change existing methods or facilities and to change the schedules of work. Consequently, the
hours of work of regular monthly-paid employees were changed from the original 9:00 a.m. to 5:00 p.m.schedule to
1:00 p.m. to 8:00 p.m. when horse races are held, that is, every Tuesday and Thursday. The 9:00 a.m. to 5:00 p.m.
schedule for non-race days was, however, retained. Respondent, as employer, cited the change in the program of
horse races as reason for the adjustment of the work schedule. It rationalized that when the CBA was signed, the
horse races started at 10:00 a.m. When the races were moved to 2:00 p.m. , there was no other choice for
management but to change the work schedule as there was no work to be done in the morning. Evidently, the
adjustment in the work schedule is justified.
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Endnotes:

1 Philippine Airlines, Inc. v. NLRC, G.R. No. 115785, Aug. 4, 2000; OSS Security and Allied Services, Inc. v. NLRC,
G.R. No. 112752, Feb. 9, 2000, 325 SCRA 157.

2 G.R. No. 119205, April 15, 1998, 289 SCRA 86.

3 G.R. No. 167760, March 7, 2007.