ARTICLE 83
Art. 83. Normal hours of work. The
normal hours of work of any employee
shall not exceed eight (8) hours a day.
NORMAL WORK HOURS
Q: Is the normal hours of work 8 hours?
A: NO.
As provided under Article 83, “The normal
hours of work of any employee shall not
exceed eight (8) hours a day.” Meaning,
it can be lower than 8 hours.
If your employer gives you less than 8 hours of
work a day and that is for a period of time, and
that ripens as a right. You are already entitled
to it. We will discuss this when we reach Article
100.
So what is the normal hours of work?
 The normal hours of work for one
working day does not exceed 8 hours. It
can be less.
How do you know that you have exceeded 8
hours?
The reference point is the working day.
What is the definition of a working day? The
definition is found in Rule 1-A, Sec.1
(Implementing Rules): "a working day is 24
consecutive hours beginning at the same time
each day from the first hour of work."
So please take note that a working day is NOT
equivalent to a calendar day.
ILLUSTRATION:
Working Hour: 8:00 am to 5:00 pm. So your
working day will start at the first hour of work
(that is 8:00 am) then the clock goes round twice
to end your working day.
So if you are made to work for more than 8 hours
during that working day, that is considered
overtime. If it is not within those 24 hours then
it is not considered overtime.
Example: Suppose your working day begins at
8am. Your working hours - 8 hours, so 8-5pm.
Let us say we have Mrs. Alma Garcia who is an
employee in a company. One day, her son
received a note from the principal wanting to
see Mrs. Garcia in the principal’s office.
So she goes there. She goes to work at aroung
10 am already.
At 5 pm, that is the end of the working hours.
But their supervisor informed them that they
need to stay for 2 more hours because they
need to finish their work. So during the release
of the salary, all of them, except Mrs. Garcia,
received an overtime pay. Now, Mrs. Garcia
complained. Is she entitled to overtime pay??
NO. It is because she did not work more than 8
hours in one working day. She cannot complain
that she was not paid over time because she
just completed the maximum 8hours under the
law.
RULE ON SHIFTING
So there are establishments which are open 24
hours. Now there are 3 shifts of employees.
7:00 A.M. – 3:00 P.M. = 8 hours
3:00 P.M. – 11:00 P.M. = 8 hours
11:00 P.M. – 7:00 A.M. = 8 hours Ex. Section 6 of RA No. 8972 “The Solo
Parents’ Welfare Act of 2000”
“Sec. 6. Flexible Work Schedule- The employer
For Health Workers – you have the Morning provide for a flexible working schedule for solo
Shift/ Afternoon Shift/ Night Shift parents: Provided, that the same shall not affect
For Industrial Workers (ex. Call center agents)– individual and company productivity: Provided,
you have the Day Shift/ Night Shift/ Graveyard further, That any employer may request
exemption from above requirements from the
Shift
DOLE on certain meritorious grounds.
Note: so if you are a nurse, you call it night shift
and not graveyard shift.
 Meaning – right granted to a solo
parent employee to vary his/her arrival
For the first shift, the working day begins at 7
and departure time without affecting
a.m. and ends on the following day at 7 a.m.
the core work hours as defined by the
For the second shift, the working day begins
employer.
at 3 p.m. and ends the next day at 3 p.m.
For the thirds shift, the working day begins
2. Compressed Work Week (CWW)
at 11 p.m. and ends on the next day at 11 p.m.
situation where the normal workweek is
reduced to less than six (6) days but the total
Now what will happen if there is a change of
number of work hours of 48 hours per week
shift??
remains.
Example, Anna is assigned to the day shift but
 The normal workday is increased to
later on she is moved to the night shift. You have
more than eight (8) hours but not
to remember that your working day starts at
exceed twelve (12) hours, without
7am. When your shift changes, your last day and
corresponding overtime premium.
your first day in your new shift is the same
 The normal workweek of the firm is five
working day. What happens is you report to
days
work at 7am and go out at 3pm, but since it is
also the beginning of your night shift, so by 11
RATIO: conceived for establishments wishing to
pm, you need to report again and finish at 7 am.
save on energy costs, promote greater work
In this case, your night shift is still within the 24
efficiency and lower the rate of employee
consecutive hours beginning each day from the
absenteeism
first hour of work. Since that is the case, in your
first duty for the night duty, you are entitled to
CONDITIONS:
overtime day.
1. Undertaken as a result of an express
Your first day in your first shift is overtime pay.
and voluntary agreement of majority
of the covered ees or their duly
GENERAL RULE: Again, under the law, if you
authorized representatives.
exceeded the normal hours of work, you are
2. In firms using substances, chemicals
entitled to an OVERTIME PAY.
and processes or operating under
conditions where there are airborne
EXCEPTIONS: in these cases, even if you work
contaminants etc which may pose
exceeded the maximum 8 hrs, you are not
hazards to the ee’s health and safety,
entitled to OT pay.
there must be certification form an
accredited health and safety
1. Flexible work schedule – alternative
organization or practitioncer or from
arrangement/ schedules other than the
the firm’s safety committee that work
traditional or standard workhours,
workdays and workweek
 beyond 8 hours is within the threshold
limits or tolerable levesl of exposure.
3. The ER shall notify the DOLE, through
its Regional Office having jurisdiction
over the workplace, of the adoption of
the CWW scheme.
EFFECTS:
1. Work beyond 8 hours will not be
compensable by OT pay and the total
no of hours worked per day shall not
exceed 12 hours.
2. EEs are entitled to meal periods of not
less than 60 minutes. It shall also impair
their right to rest days, holiday pay,
leaves etc.
3. It must not result in diminution of
existing benefits. Reversion to the
normal 8 hour workday shall not
constitute a diminution of benefits.
ARTICLE 83 2ND PARAGRAPH
Health personnel in cities and municipalities
with a population of at least one million
(1,000,000) or in hospitals and clinics with a
bed capacity of at least one hundred (100)
shall hold regular office hours for eight (8)
hours a day, for five (5) days a week, exclusive
of time for meals, except where the exigencies
of the service require that such personnel work
for six (6) days or forty-eight (48) hours, in
which case, they shall be entitled to an
additional compensation of at least thirty
percent (30%) of their regular wage for work on
the sixth day. For purposes of this Article,
“health personnel” shall include resident
physicians, nurses, nutritionists, dietitians,
pharmacists, social workers, laboratory
technicians, paramedical technicians,
psychologists, midwives, attendants and all
other hospital or clinic personnel.
Please take note that health personnel's working
week is 5 consecutive working days, not 6. If they
are made to work on the 6th day, then they must
be paid a premium pay of an additional 30% of
their ordinary day time rate.
WHO ARE THEY? must be health personnel in (1)
a city of at least 1M population, or if that is not
complied with, (2) it must be a hospital with a
bed capacity of at least 100. So either of the two.
Does that cover Davao? Yes, because the
population is already 1M.
"...and all other hospital or clinic personnel" 
Example: gardeners
RATIO OF THE LAW
They have this different treatment because of
the delicate nature of their work. But please take
note of the exception regarding those medical
students who render their residency. They are
not covered by this provision since they are
students who have to perform apprenticeship
work.
ARTICLE 84
ART. 84. Hours worked. - Hours worked shall
include (a) all time during which an employee is
required to be on duty or to be at a prescribed
workplace; and
(b) all time during which an employee is suffered
or permitted to work. Rest periods of short
duration during working hours shall be counted as
hours worked.
A. all time during which an employee is
required to be on duty or to be at the prescribed
work place
This is used when the employee is asked to in
service regardless whether his/her working time
is productive, as long as the employee is required
to at the work place.
So even if the employee is just having his/her
siesta or just browsing his/her facebook, as long
as he or she is required to be in the workplace,
that is considered hours worked.
B. all the time during which an employee is
suffered or permitted to work.
ILLUSTRATION 1:
Example: We have Mr. Ben, a delivery van driver.
He delivers frozen goods. The first thing that he
does is to go to the warehouse so that the goods
will be loaded inside the truck. While the loading
is ongoing, Mr. Ben just sleeps in the truck. Is the
time that he is sleeping considered
compensable? (*Compensable – entitled to
payment)
ANS: Yes, because the law says: all time during
which an employee is required to be on duty or
to be at the prescribed workplace. He cannot go
anywhere. He has to wait for the loading of the
goods.
IMPLEMENTING RULES
SECTION 4. 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:
(a) All hours are hours worked which the
employee is required to give his employer,
regardless of whether or not such hours are spent
in productive labor or involve physical or mental
exertion.
Example: Mang Boy is a truck driver. Now there
is a truck ban. When the clock strikes to 10 pm,
trucks are no longer allowed to travel. While
travelling, the tire of the truck busted. So, Mang
Boy has to stop. He was able to replace the tire
but unfortunately he cannot travel since it is
already 10 pm. So he needs to stay for several
hours. Is the time that he spent waiting
considered COMPENSABLE? YES. Mang Boy is
required to be there. He cannot leave the truck
so that is compensable time regardless of you
are productive or not.
(b) An employee need not leave the premises of
the work place in order that his rest period shall
not be counted, it being enough that he stops
working, may rest completely and may leave his
work place, to go elsewhere, whether within or
outside the premises of his work place.  NOT
COMPENSABLE
Please take not that this the only provision which
provides that the time spent is NOT
COMPENSABLE.
Illustration: There are pin boys (Those who
gather the pins and arrange them in a bowling
center – old school type bowling center days)
that are assigned in the day. Now, there are
times that the entire place is occupied. So if
there are no one playing, the pin boys are free to
do what they want. They are also free to leave
the premises.
Question: is the time in between where they can
rest and leave compensable?
Held: NOT COMPENSABLE. In order that the rest
period shall not be counted it being enough that
he stops working because there is no customer
may rest completely and leave his workplace to
go elsewhere whether within or outside the
premises.
The difference between the bowling pin boy and
the truck driver? The difference is the driver
cannot leave his vehicle because there is a
possibility that the truck will be stolen or even
the tires itself. Unlike in the bowling pin boys,
they are not required to guard the area.
c) If the work performed was necessary, or it
benefited the employer, or the employee could
not abandon his work at the end of his normal
working hours because he had no replacement,
all time spent for such work shall be considered
as hours worked, if the work was with the
knowledge of his employer or immediate
supervisor.
This is the case where there is labor
management. So the company has a policy that
they do not allow overtime without prior
permission from the manager.
Example, in the company, one of the machines
was broken. The supervisor mandates the
employees to stay and fix the machines. Are the
ees entitled to overtime pay notwithstanding the
fact that there is a policy that does not allow
overtime?
ANS: YES, even if there is a policy but if the work
performed was necessary or it benefited the
employer, or the employee could not abandon
his work at the end of his normal working hours
because he had no replacement , all time spent
for such work shall be considered as hours
worked, as long as the work was with the
knowledge of his er or his immediate supervisor.
Therefore it is compensable.
(d) The time during which an employee is inactive
by reason of interruptions in his work beyond his
control shall be considered working time either if
the imminence of the resumption of work
requires the employee's presence at the place of
work or if the interval is too brief to be utilized
effectively and gainfully in the employee's own
interest.
Please take note of this for the meantime. I will
discuss this provision when reach meal periods.
WAITING TIME
Section 5, Rule I, Book III, Omnibus Rules
Implementing the Labor Code
SECTION 5. Waiting time. — (a) Waiting time
spent by an employee shall be considered as
working time if waiting is an integral part of his
work or the employee is required or engaged by
the employer to wait.
Remember the case of the truck driver who
cannot travel due to the truck ban. So the time
that he spent waiting for the ban to be lifted is
considered COMPENSABLE.
Now what if, the truck driver was instructed by
his supervisor to leave early but the driver left
late and thus he was stuck due to the truck ban.
Is the waiting period considered compensable?
ANS: This time it is NOT COMPENSABLE. It is now
the fault of the driver why he needs to wait.
ILLUSTRATION 2:
For instance, you are a feeder or feed tender in
a hog farm. Now, there are
certain hygienic requirements that you have to
undergo before you properly do your work.
Why? Because you must not contaminate the
hogs. So if you are the feeder, upon arrival, you
need to take off your street clothes and keep
them in a locker. Thereafter, you need to take a
shower and put on your work clothes. Now this
procedure takes for about 30 mins. So what you
usually do is you come to work 30-40 mins
before the time in. example, you go to work 7:30
instead of 8:00.
Question: Is the thirty minutes compensable
working time?
ANS: YES, because you are required to do these
preliminaries. Your main duties cannot be done
unless you undergo these necessary
preliminaries.
ILLUSTRATION 3:
Ang imong trabaho receptionist. Pag-
apply nimog trabaho, mao nay requirement
dinha: pleasing personality, required oral and
written communication. Pleasing personality.
Wa pa gani abri, tua na ka. Niya aron ma-pleasing
ang imong personality, mamintura ka sa imong
mga kuko. Question: Is the time that you are
there thirty minutes earlier, is that compensable
working time? No, it’s not compensable. That’s
not compensable. That is your responsibility.
Remember, it has always got to do with some
improvement, some procedure that you have to
be at the ready that is required of you. Suffered
or permitted to work.
ILLUSTRATION 2:
Suppose it is already past 5p.m. But you decided
to help your supervisor in helping arrange the
materials. The supervisor was very grateful to
you. QUESTION: Can you ask for compensation
for that work?

ANS: YES, since you are suffered or permitted to

work. By allowing you to help, there is already an
implied consent from the employer.

ILLUSTRATION 3:
Other examples. When a worker, working time is
defined, and yet he or she is made to come
earlier because of preliminary duties that are
required of him. For instance, feeder or feed
tender in a hog farm. If you are a feeder or a feed
tender in a hog farm, there are certain hygienic
requirements that you have to undergo before
you properly do your work. Why? Because you
are not supposed to put yourself in a position to
contaminate the hogs. You come from the
outside. Muabot ka. Pag-abot nimo, kinahanglan
maligo ka una. You take off your street clothes,
keep them in a certain place. You have to take a
shower. After your shower, you put on your
working clothes that remained there and that
are never taken out. After you put it on, then
that is the time you are ready to feed the hogs.
That takes thirty minutes. But your time card
only says you start working at 7 (am) but actually,
you arrived there at 6:30. Question: Is the thirty
minutes compensable working time? That is the
issue and the answer is yes. That is compensable
working time. Why? Because you are required to
do these preliminaries. Your main duties cannot
be done unless you undergo these necessary
preliminaries.
ILLUSTRATION 4:
Ang imong trabaho receptionist. Pag-
apply nimog trabaho, mao nay requirement
dinha: pleasing personality, required oral and
written communication. Pleasing personality.
Wa pa gani abri, tua na ka. Niya aron ma-pleasing
ang imong personality, mamintura ka sa imong
mga kuko. Question: Is the time that you are
there thirty minutes earlier, is that compensable
working time? No, it’s not compensable. That’s
not compensable. That is your responsibility.
Remember, it has always got to do with some
improvement, some procedure that you have to
be at the ready that is required of you. Suffered
or permitted to work.
ILLUSTRATION 4:
Here, there can also be compensable
working time even after the end of actual
working hours. What is that? If there are POST
WORKING FORMAL WORKING HOURS activities
that are integral to the main activity. Forced
overtime, list of grounds allowing for OT. Like:
necessarily work on the machines at the end of
the working hours. Naa kay cement mixer dira.
Bagting na human na. Naa pay sulod ang mixer.
Biyaan na lang na nimo? NO! you have to empty
the mixer and pour the concrete right there
when it is needed. Besides you have to wash the
mixer. You cannot leave the mixer unclean.
Otherwise it can no longer be used for the
following day. That means you will stay beyond
your formal working hours. Question? Is that
time that you devote more than your formal
hours compensabe? Yes! It is connected. It is
integral to your main work. So this is how you
remember. The compensable working, putting
as a picture.
IMPLEMENTING RULES
SECTION 4. 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:
(a) All hours are hours worked which the
employee is required to give his employer,
regardless of whether or not such hours are spent
in productive labor or involve physical or mental
exertion.
Regardless of whether or not such hours spent in
productive labor or involve physical or mental.
Suppose the truck driver example. Pag abot sa
10pm truck ban naman, they cannot stay in
highways and thoroughfares. Nasira imong
truck. You cannot leave your truck, you are
required to be there so that is compensable time
regardless of you are productive or not.
(b) An employee need not leave the premises of
the work place in order that his rest period shall
not be counted, it being enough that he stops
working, may rest completely and may leave his
work place, to go elsewhere, whether within or
outside the premises of his work place.  NOT
COMPENSABLE
That is declared in the case of Isac peral Bowling
Alley . Facts: there are pin boys that are assigned
in the day. Nya dili man pirmi mapuno. Wala na
costumer, hudton na ng oras nimo? You are free
already. Tulog naka or free to leave the premises.
Question: is the time in between where you can
rest and leave compensable? In other words do
you have independent use of your time?
Held: not compensable. In order that the rest
period shall not be counted it being enough that
he stops working because there is no customer
may rest completely and leave his workplace to
go elsewhere whether within or outside the
premises.
The difference between the bowling pin boy and
the truck driver? The difference is the driver
cannot leave his vehicle kay pag balik tingali wala
nay ligid iyang truck wala nay tender juicy
hotdog. That is the difference.
c) If the work performed was necessary, or it
benefited the employer, or the employee could
not abandon his work at the end of his normal
working hours because he had no replacement,
all time spent for such work shall be considered
as hours worked, if the work was with the
knowledge of his employer or immediate
supervisor.
This is the case where there is labor
management. No overtime without prior
permission from the manager. Clear memo in
the bulletin board. This is an agri establishment.
One day the tractor cannot start anymore. The
supervisor says ayohon na kay dili na pwede
pagabiihan diri. In other words they work over
the time of their regular hours of work. Now they
ask for overtime contrary to the memo.
Held: if the work performed was necessary or it
benefited the employer, or the employee could
not abandon his work at the end of his normal
working hours because he had no replacement ,
all time spent for such work shall be considered
as hours worked, if the work was with the
knowledge of his er or his immediate supervisor.
Therefore it is compensable.
(d) The time during which an employee is inactive
by reason of interruptions in his work beyond his
control shall be considered working time either if
the imminence of the resumption of work
requires the employee's presence at the place of
work or if the interval is too brief to be utilized
effectively and gainfully in the employee's own
interest.
Pan American Airways vs
This is from
Pan American Employee.
Facts: ground crew of Pan Am. We are talking
about here the lunch break 1 hour meal period.
Now, the planes are scheduled not to arrive
during the break periods. They arrive either
before or after the break periods. But the plane
skeds are more not followed than followed. So
most of the time it encroaches the meal period.
So what happens if you are having your break
and the plane arrives? You leave your meal and
you attend the plane. Now, there are no
questions as to whether an interrupted meal is
compensable. Is it compensable? Gi byaan na
gani nimo imong plato nga nag aso aso ang kan
on kay mo trabaho ka, kadto imong gi byaan
bayaran to. Klaro man na. Now, because of this
uncertainty, is all meal periods therefore
compensable? That is the issue. You have to
leave your meal and it happens now and then
although not everyday. Are all meal periods
compensable?
Held: The time during which an employee is
inactive by reason of interruption -- Wala ka
kahibalo nga mu abot na ang eroplano pero
kahibalo ka nga umaabot cya nya inactive ka ga
huwat huwat ka. Nya muingon na ang radio nga
padulong na dinhi. Dili ka kasugod ug kaon kay
biyaan sa na nimo. That is compensable. All meal
periods therefore are compensable because of
the uncertainty of the interruption. That is the
ruling in Pan Am.
SUMMARY
Here is the Pan Am case, Pan Am Employees vs.
Pan Am. Ground crew of Pan Am Airways. Their
instruction is once the airplane taxis in, that is
the priority. If you are eating, you leave what
you are eating and attend to the plane. Why? So
that there will be shorter turn-around time. The
schedule of the plane is always earlier than the
meal period. But many times during the week,
the plane is late. Many times during the week.
More than half of the time during the week, the
plane is late. So it now happens that you have
just resigned yourself into saying, ‘di na lang ka WAITING TIME
mulingkod ug kaon ug paniudto nimo kay
WAITING TIME: Assuming that you have 8 to 12
muabot man gyud ning eroplano nga samtang
then you have the meal periods. Then you have
nagakaon ka. Now the issue is: Is your entire
the next four hours work. Under the law you are
meal period compensable or only those times
given rest periods. One in the morning and
when the plane comes in exactly within your
another in the afternoon. How long? At least
meal period? That is the issue. ‘
20minutes. Coffemployee break ba. 20 minutes.
That is allowed and that is compensable.
Di ba? Hibalo ba mo unsa. Kay sige na mag ka late
ang plane, muingon na lang ka nga di na lang ko
Let us say your type of work starts at 6 in the
mukaon hangtud di moabot ang eroplano. Then
morning but before you go to work you must
the issue boils down to this: Are all my meal
change clothes. You cannot work in you street
periods compensable or only those meal periods
clothes. And before you can even change your
that are disturbed by the late coming of the
clothes you are even asked to take a shower.
plane? Supreme Court says all your meal periods
After you take a shower you put on your working
now are compensable working time. That’s what
clothes and then feed your pigs.. That is in the
the Supreme Court says in the Pan Am case.
rules. The question is when do your hours of
Because you are disturbed so often, you cannot
work begin? The moment you take your shower
make use of that meal period according to your
or at the time you feed your pigs? These are
own personal benefit. Suspense man ka. Niya
compensable hours.
kinahanglan mu-attend man ka sa plane dayon
kay mutuyok man dayon na. Kinahanglan man
Additional 30 minutes because it is a necessary
na mulupad dayog balik.
preparation for your work. Let us say you are a
mason kanang mag mix ug simento. Suppose it is
The economic logic is the more the plane
only 30 minutes to go and your supervisor said
is on the sky than on the ground, the more
lets go for one more mix. Then 5 oclock tolls naa
profitable for the airline. Mao nang patuyukon
pa gihapon simento nabilin. unsaon man na
gyud dayon na nilag balik aron mulupad. Mao
biyaan ran na nato? You clean that up. Mulapas
man na. In terms of efficiency. So, you are
ka sa oras nimo.
impliedly required to be at the required place or
Question: there is no prior permission for that
at the workplace. Even if under the law, you are
overtime, is that compensable? Yes because it is
supposed to be consuming your meals. Now,
integral to the work. It is necessary otherwise the
remember the rules on meal periods ha.
pieces of equipment will be useless for the next
Because the meal period is also a right. What is
working day. If you are a carpenter, then you
the right for meal period? How much time do
have your materials. Mag baid baid ka sa imong
you have to consume your meals? One hour and
gabas, tigib ug usa pa. Is that compensable? No
it should be uninterrupted. What kind of meals
because those are your personal tools. That is
are these? Coincides with the Anglo-Saxon
not integral to the work.
custom of three meals: Breakfast, lunch, and
dinner. Now the law says that if the employer
Section 5, Rule I, Book III, Omnibus Rules
has a good reason, he can do away with the meal
Implementing the Labor Code
period of one hour provided that his workplace
SECTION 5. Waiting time. — (a) Waiting time
is not physically strenuous in nature. If that is the
spent by an employee shall be considered as
case, then the employer can just give the
working time if waiting is an integral part of his
employee twenty minutes to consume his meals,
his or her meals, and the same will be work or the employee is required or engaged by
compensable working hours. Give an example: the employer to wait.

Manila karon ha, they are trying out a
Metro Manila Overarching Ordinance. Unsa man
ng ordinance? Truck ban for the whole day.
Truck ban starting at 8 in the morning up to 6 in
the evening. Kanus-a na man ng mga trucks ma-
allowed pagawas? 6 in the evening to 8 in the
morning. Now, kung ikaw driver ka diya sa truck
magdakpan ka diya, padaplin ka na kay dako
kayo ang fine. What is the classification of the
truck? Unsa may truck, unsa may dili truck?
Double tire na gani ang inyong likod, truck na na.
Sa ato pa, kanang mga jeepneys sa Arakan nga
oversized jeepney nga double tire sa likod, truck
na. di na makasud didto. Now, what happens if
you’re the driver? Niya nadakpan ka sa truck ba,
padaplin ka niya nagtulog ka. Katorse oras,
perting hinagok nimo. Lamia sa tulog nimo. Kana.
Na sad ka gamay nga katol ba or standard tool of
the driver. Katol, kaldero, gas. Nganong
kinahanglan man siyag gas? Usahay, mag-uwan
uwan man, manguha kag kahoy unya imong
isugnod diya human bitayon nimo sa ilalom sa
imong truck, kaldero ana. So unsaon man na
nimo? Sindihan na nimong kahoy nga basa pa, di
man na musiga. Butangig gamay nga gas, di ba
muulbo dayon. Naay gamay mantika ana, palit
kag gamay ginamos dinha. Naa bay papayas nga
hilaw-hilaw, sungkiton dayon nimo. Ayos na.
Is your entire stay there because of the
truck ban, is that compensable? Wa pa na ma-
covered sa memorandum circular sa
Department of Labor – Labor Standards. Bureau
of Labor Standards. It is my submission that if
your original orders was given in such a way that
your trip, you have no choice but you will be
caught in the truck ban, then you are suffered or
permitted to work. But you are stopped by the
truck ban because your employee chose, so
therefore that is compensable. Kung ikaw
naglangan, you had orders not to leave but you
left, then you can not be considered as being
suffered or permitted to work.
You are engaged as feedman in a elaborate
piggery like the foremost farms of lucio tan (2nd
richest man in the phil). Foremost farms in
bulacan, how many sows (mother pig)? And the
offspring are called piglets. If you are a feedman,
you have direct contact with the pigs. The
livestock. You cannot risk contamination, so you
have an antechamber? You have a place where
you report to when you get there, you remove
everything, your shoes, pants underwear,
everything. Then you put on your working
clothes after you have taken the shower. You are
made to do that. And that takes 30 minutes. Is
the 30 mins compensable? That is the issue.
Because it is INTEGRAL, you cannot perform this
without this therefore it is compensable, art 83
says all the time that an employee is suffered or
permitted to work. Because you are made to
work, you are entitled to compensation.
ILLUSTRATION 2:
Q: Carpenter whose work starts at 8 am but
shows up for 30 mins earlier because he has to
sharpen his chisel or clean his tools
A: NOT COMPENSABLE. Under the profession of
carpentry, you must come to work performed. It
is your personal tool and not that of your er.
 Cleaning tools and machineries of the ER
which cannot be postponed and which
are necessary for the the maintenance
an integral to the work – COMPENSABLE
TIME
b) An employee who is 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 shall be considered
as working while on call. An employee who is not
required to leave word at his home or with
company officials where he may be reached is not
working while on call.
All right. How about being on call? On
call. What is to be on call? You are not actually at
the workplace. You are somewhere else but you
are always ready to be called by your employer
in case he needs you. Now all the time that you
are on call, are you entitled to compensation?
Example, operating room nurse ka. Christmas
and holiday and New Year’s Eve, the most sacred
family time for family bonding, you are on call
kay operating room nurse ka man. Nganong
operator nurse ka man on call? Libintador man
na, kanang mabuthan sa kamot. Ing-ana dinha.
Now, tawgon ka man dayon ana so dagan dayon
kuno. Question: Is all the time that you are there
compensable time that you are entitled?
Supreme Court has not yet written a decision on
that but the decisions in the US jurisprudence is
you are not entitled to compensation during
your “on call”. Why? Because you can still make
use of the time to your benefit. Who can prevent
you from cooking something, preparing the
noche buena while you are waiting for the call.
Nobody can prevent you. You can always do
something for your benefit while you are on call.
But the rule says the moment you receive the
call, working time tolls. Kadawat kag call, alas-
siyete sa gabii. Report to Operating Room No. 3.
Naa tay amputation dinhi kay nabungkag ning
tanang kamot niya. Gikuptan man niya sa tirang-
lolo (NB: Superlolo – a type of firecracker). Niya
nibuto man si lolo. Di man ta to niya kuptan pero
nagkaon man siyag biko. Pagkupot niya,
paglabay niya ay nalayo na. Wa pa man kay
nagpabilin man si biko. Pasko man, ‘di ba? Di
nibuto. Operahan. Nadawat niya alas-siyete to.
The time to travel from her home to the hospital
place of work, that is already compensable time.
Until she reaches back to her home, that is
compensable time. So that’s the rule with
respect to being on call.
RULE ON BROWNOUTS
What is the rule with respect to brown-
out? Nag-brown out ug duha ka oras.
Compensable gyapon na, Father. Nganu man?
Masahista man na sila, niya buta. Sige lang
gyapog trabaho. They are still working. Buta man
nga mga masahista. Now let’s change the facts
of the case. Unsa may trabaho niya? Composer
sa kanang i-print. Printing gani. Siya may mu-
layout ana. Wa may electricity. Di, dili mudagan
iyang monitor. Di mudagan iyang computer.
Unsa man, maghintunga lang siya dinha. The rule
is when it is brown out, brown outs that do not
last more than two hours, provided the
employees are allowed to use the time to their
own benefit. Meaning makalakaw sila, baligya
silang pangompra diya dayon pauli, palit ba silag
pirit or unsa ba dinha aron pagpauli nila, diretso
na imbes nga mangompra sila human trabaho,
the employer can extend the working hours. Two
hours. That is what the circular for brown-out
says. Not more than two hours. That is the rule.
Now, the rule is questionable but that is the rule.
LECTURES AND MEETINGS
Rule I, Sec. 6. Lectures, Meetings, Training
Programs. – Attendances at lectures, meetings,
training programs, and other similar activities
shall not be counted as working time if all the
following conditions are met:
▸ Attendance is outside of the employee’s
regular working hours;
▸ Attendance is in fact voluntary; and
▸ The employee does not perform any
productive work during such attendance.
The worker is not productive. Paadtuon
siya. Unsa man iyang trabaho? Teller sa bangko.
Teller siya sa bangko. Imbes na manglingkod siya
diya ang teller, naay seminar. Gipadagan sa
Central Bank. Unsa man ng seminar? “How to
recognize fake bills.” Domingo ang seminar diha
sa Central Bank. Nganong domingo man? Ang
lecturer, gikan man sa Manila gipalupad diya.
Dala na lang sa iyang bakasyon paingon sa Eden.
So mu-lecture siyag duha ka oras. Is that
compensable time nga na siya sa lecture?
It depends. If you were not made to
attend pero nganung gusto man gyud siya mu-
attend? Teller siya. Ika-upat na siya sigeg ka-
short. Sa iyang training, absent siya pag-train
nila. So sige siyag ka-short. So di siya makadala
sa shortage allowance. The bank, let us say for
example, has a shortage allowance. Three month
period, you have two thousand pesos. If you do
not commit any shortage within the two month
period, the two thousand pesos is yours. If you
have a shortage, then the shortage will be
deducted against your shortage allowance. That
is the rule of the bank. Wa pa gyud siya kadawat
tawon anang iyang two thousand kay nganu
man? Sige siyag ka-shortage. You know that is a
special skill. Katawa lang mo ana. Suwayig ihap.
Unsaon man nimo pagkabalo kung taliwa na
beh? Ah dili, tan-awon gyud na nimo kada usa. Di
na nimo mahuman. Kinahanglan sige ihap ra ba
ka. Hulbot dayon nimo, mailhan dayon nimo nga
fake na.
Now take note ha, even if the supervisor
knows that you are attending but the supervisor
does not order you to attend, that is not suffered
or permitted to work. Why? Because you are not
productive. Wa man ka manguhag laing account
o di ba mag-disburse ug account. Wa man ka
acting as a teller. Naminaw man ka sa training.
You are not actually productive. If that is the
case, those three requisites, it’s not
compensable. So all right. Because many times,
they give you problems on compensable working
time.
MEAL PERIODS
ART. 85. Meal periods. - Subject to such
regulations as the Secretary of Labor may
prescribe, it shall be the duty of every employer to
give his employees not less than sixty (60) minutes
time-off for their regular meals.
Rule I, Sec. 7. Meal and rest periods. – Every
employer shall give his employees, regardless of
sex, not less than 1 hour time-off for regular meals,
except in the following cases when meal period of
not less than 20 minutes may be given by the
employer provided that such shorter meal period
is credited as compensable hours worked of the
employee:
Where the work is non-manual work in nature or
does not involve strenuous physical exertion;
Let’s say your working time is 8am to 5pm you
are entitled to 20mins maximum coffee break
and then another 20mins maximum coffee break
in the afternoon and this is compensable. Are
you productive here? No! You are sipping coffee.
Or many people they go out and they smoke.
One hour you are supposed to be granted 1 hour
in between, can this period be dispensed with?
Implementing rules says you can dispense when
the period if the task the employee is engaged to
perform is not manual in nature. Or, the whole
workplace is under at least 2 shift regime. How
many hours are there in a day? 24. When you say
2 shifts how many working hours is that? 16 (8-
8). Those 8 hours, there are no meal periods
there. You must consume the minutes on your
own time. Because the idea is the work is
continuous, and should be unbroken. So that’s
why there is a continuity of shift. Now, if the
meal periods are dispensed with? What is the
rule? The rule is you are given 20 minutes to
consume the minutes and those 20 minutes is
compensable working time. Provided that the
whole engagement is not manual in nature.
So, retailing industry, department stores, and
the meal periods can be dispensed with, but that
means the 1 hour, but you must be given 20
minutes to consume it. The law does not say
when you will consume it. It could be right then.
Mag hupo2 mo dira magkaon. Provided that it is
not manual in nature. Take note: if you are a
health worker, is your work manual in nature?
Unless you are an orderly (not sure) it is not
manual in nature. Not orderly-kanang tig alsa
alsa tig guyod nimo sa OR, tig balhin sa imong
stretcher to operating table mao na siya. That’s
manual in nature. But do you consider the
nurse’s work manual in nature? Its too highly
skilled to be manual in nature. But then can you
say that meal periods can be dispensed for
nurse? So therefore he is given 20 minutes to
consume his meals in the nurse station mag
timo2 siya? No! becuase there are other rules
involved and those are health rules. There are
health rules involved.
Kung construction work ka, dili pud nimo ma
ingon nga bayran lang nako imong meal period
pero continue lang mo ug trabaho. Manual gani,
you cannot be excused from the meal period.

▸ Where the establishment regularly

operates not less than 16 hours a day;
▸

▸ In cases of actual or impending

emergencies or there is urgent work to be
performed on machineries, equipments
or installations to avoid serious loss whish
the employer would otherwise suffer; and

Give an example:
1. Construction work - You cannot dispense with
meal periods because the work is strenuous in
nature. Ingnon nimong mga pahinante diya nga
“memorisa lang na ninyong paniudto”, di
mahimo na. Bug-at and trabaho nila.
Construction industry, you cannot dispense with
meal periods.

2. Retail Industry - Retail, Gaisano. Gaisano

Grand, Gaisano Mall. Can you? Yes, you can
dispense. But you must grant them twenty
minutes.