MODULE ON CONDITIONS OF EMPLOYMENT In the IRR, you will see the guidelines in

MINIMUM LABOR STANDARD BENEFITS determining hours of work. When there is a

power interruption in the work place, will you
More significant provision on this topic: hours of consider the hours where there was power
work, found in Article 83 of the Labor Code. interruption as hours worked?
There’s a definition of hours of work – refers to
all time during which an employee is required to Take a look at the guidelines in determining
be on duty or where he is required to be at a hours worked. These hours of work will be very
prescribed workplace. So duty and or prescribed very significant when we speak of workers paid
workplace based on time. The number of hours required
here to be on duty or to be at a prescribed
So a bank teller/personnel are required to be on workplace or permitted or suffered to work will
duty for 8 o clock until 3pm. The whole hours be relevant for purposes of compliance with
will be considered hours of work. Significance: labor standards. If worker paid by result, while it
important because if there is any work is true that the performance of the job, you get
performed beyond 8 hours, then the workers will compensation regardless of the time spent, our
be entitled to additional compensation in the existing wage orders, these workers paid by
form of overtime pay. We have to consider that result must be entitled to the minimum wage for
under the LC, normal hours of work shall not 8 hours of work or if less than 8 hours, at least in
exceed 8 hours. In fact, you will remember that proportion thereof.
under our existing wage orders, when you speak
of the normal hours of work, it has been fixed to Requirement of keeping of timerecord entries –
8 hours. There are establishments however that not only applicable to time based workers but
may operate in less than 8 hours, that is likewise to managerial employees or executives
considered as normal hours of work, that is still or even workers paid by results. How is this
consistent with the law because normal hours of relevant? For purposes of detmerning
work shall not exceed 8 hours. It’s not always attendance. If managerial ka, you are excluded
fixed at 8 hours. That is just the general rule. from entitlement to overtime pay and other
similar labor standards. If paid by result, or paid
In the provinces several years ago, movie on a job/task or piece rate worker whose work is
theaters operate only for 4 hours a day (Martial not supervised, you are also not entitled to
law period – strict regulation on operation of overtime and other similar labor standards.
theaters and other establishments).
But, you cannot stop the employer from
Another definition of hours worked will be all requiring you to keep a time record for purposes
time where the employee has been permitted or of determining your attendance in the office.
suffered to work. If it is outside your hours of
duty, or prescribed workplace, the employee was Another thing that is important on hours of work
suffered or permitted to work because the is that while generally, the normal hours of work
employee has to pay him certain transactions shall not exceed 8 hours, you have to remember
and ask the worker to work beyond his normal that there is a type of employment where the
hours of duty, then that employee is deemed to hours of work is different. One example is the
have been permitted to work or suffered to employment of children. Under RA 7610, as
work. mended by RA 9231, you have to make a
distinction on the age of the child or children in
That is important in determining whether the determining their hours of work. You will
work performed has exceeded the normal hours remember that if we employ children before 15
of work which will entitle the worker to in instances allowed by law, then hours of work
overtime pay. shall not exceed 4 hours a day or 20 hours a
week. On the other hand if children 15-17, then
the law prescribes that your hours of work shall
not exceed 8 hours a day. By the way we have a assistant, teleprompter, DTR editor, news
special discussion on the conditions of reporter, anchors, correspondents, these are
employment of children in the later part of this considered workers governed by the LC. Don’t
course. confuse them with talents. Although covered in
this department regulation, talents are
Another type of employment that the hours of considered as individual independent
work is different is regarding domestic workers. contractors wherein no employer-employee
Under RA 10361, Batas Kasambahay/ Domestic relationship exists, but still within the ambit of
Workers Act, while the law does not prescribe protection within this labor advisory.
the specific hours of work of the kasambahay,
impliedly we can infer that since the kasambahay Workers in the movie and television industry,
is entitled to a daily rest period of 8 hours then if there is a special provision on waiting time and
you deduct 24 hours from 8 hours, it will turn their waiting time shall be considered hours
out that the hours of work maximum for worked if they are required to wait. There’s a
kasambahays should not exceed 16 hours a day. shooting for example and I am the cameraman
That is another situation, which is not similar for and the actress comes in wait, the whole time
what is provided in the LC regarding hours of will be considered hours worked. If it exceeds
work. normal hours of work, it will entitle workers
overtime pay.
We also have to remember that there are other
types of employment like employment of health We also make mention of meal period under
personnel where there is a special provision on Article 85 of the LC. It is the duty of the
waiting time. If it’s waiting time, the employees employers to provide a time off for regular
required or engaged to wait, that waiting time is meals. How long? Not less than 60 minutes or 1
considered as hours worked. An example of hour. It is compensable? No.
waiting time for health personnel would be the
endorsement period if the health personnel is This meal period, the law does not fix what part
required by the employer to wait. Another of the work schedule will the employee avail of
provision of the law applicable to health his meal period. It could be at the start of his
personnel in particular will be the working while work shift, middle or last part, although
on call. You can take a look at this department customarily it is in the middle.
regulation applicable to health personnel, DO
182. There is a special provision on working Can that be shortened? The law allows certain
while on call. This applies if the personnel is instances where the meal period may be
required to leave a word at his home or the shortened to less than 60 minutes. But the law
company official where he may be reached, then requires that incase if it shortened to less than
he is deemed to be working while on call, whole 60 mins, it will be considered hours worked. It
time will be considered hours worked. If there is shall in no case be less than 20 mins. There will
proof that work was performed beyond 8 hours, still be meal period of at least than 20 mins but
there will be entitlement to overtime. the whole period shall be considered
compensable because the employer has deprived
Another type of employment is with regard to the employee of 1 hour non compensable meal
workers in the movie and television industry. period.
Eddie Garcia was an actor, when the news came
out that he met an accident right at the There are also types of jobs where the meal
workplace, I made sure that I included this topic period has to be shortened because there are
on workers in the movie and television industry. things that need to be done in the operation of
for workers, there is also a provision on waiting the business.
time. With regard to this workers in the movie
and television industry, it makes mention of the Take not of the instances where the meal period
following workers: cameramen, production may be shortened. For example, non manual, not
physically strenuous, then the employee may or municipality with a population of at least 1
shorten the meal period. But otherwise, the million or bed capacity of at least 100. In that
employer cannot shorten the meal period situation, the law provides these health
otherwise the worker does not have time to rest personnel a 5 day workweek to enable them to
or take his meals. rest. You are quite aware of the strenuous nature
of the work of a health personnel.
Btw, the LC provides period for meals but does it
require the employer to provide meals? No. it’s Btw at this point, I’d like you to get hold of a copy
just the period, not the actual meal is required by of this DR No. 182 series of 2017, this DR,
law upon the employer. supersedes the omnibus rules implementing the
labor code or at least those provisions which are
On the other hand, another instance where the inconsistent with the guidelines are deemed
meal period may be shortened to prevent impliedly repealed. Under these guidelines, it has
damage to perishable goods, we have discussed a broader definition compared to the omnibus
these instances where the company operates not rules. If I may read, health personnel refers to
less than 16 hours a day such as utility employees who are engaged in health and help
companies like veco or hotel establishments that (?) related work, they also include other allied
operate 24 hours, dapat may meal periods jan. health personnel.
you just have to illustrate on your own and try to
think what are the establishments which operate Yung mga health personnel, there was a decision
not less than 16 hours a day. of the SC way back in 1997 involving the San
Juan de Dios Hospital which illustrates the
Btw, the 1998 case of – will tell us that even if the application of the labor code on employment of
employer decides to shorten the meal period, the health personnel. The issue there was whether
employer is allowed to reinstate the 1 hour meal they are entitled to full days wage on the 6 th and
period. If in case it is reinstated, that 1 hour 7th day if they are required to work beyond 5
period shall be considered non-compensable. days a week. Check whether the SC ruled in favor
There will be no diminution of benefits incurred of the hospital or the health personnel. There
by the employer because it is an exercise of was a policy instruction promulgated by the
management prerogative. If you shorten it then secretary of labor and declared not valid because
you have to compensate for the shortened meal it violated the LC on the compensability of health
period considered as hours worked. If it turns personnel who are required to work beyond 5
out that you have rendered more than 8 hours days.
for a particular day then you will be entitled to
overtime pay. If the health personnel are employed in clinics or
hospitals without meeting the minimum
Important: Normal workweek or CWW. The population or prescribed bed capacity, then they
labor code provides that the worker shall be will be governed by the LC and they will have a
entitled to a rest period/ day or rest day a week 6-day normal workweek. Now, let’s proceed on
after 6 consecutive working days. CWW.

If the workers are made to work for 6 CWW, not found in the LC. It was a creation of
consecutive days, the 7th day will be considered the DOLE in the olden days when the country
the workers rest day which shall not be less than was facing an oil crisis (wars in the Middle East
24 consecutive hours (non-compensable). and the prices of oil have spectacularly gone up)
we cannot afford to buy oil if the prices are too
If your workweek is 6 days a week then 6 x 8 high so the country has to adopt a system to
hours, then you have a 48 hour workweek. conserve energy and power. The DOLE together
Under the LC, take note that the exception to the with the employer and labor sector came up with
6-day normal workweek is regarding health this idea of CWW.
personnel in clinics or hospitals situated in a city
What is a CWW? It is a alternative arrangement SC declared CWW illegal because the workdays
whereby the normal workweek is reduced to less in those cases were reduced by the employer
than 6 days but the total number of normal work from 6 to 3 days a week. Although there is no
hours per week shall remain at 48 hours. The proof that the company was suffering economic
normal workday is increased to more than 8 losses, gi reduce lang. that will unduly deprive
hours without corresponding overtime premium. workers of their pay. When you got them
Is it valid? Nobody has questioned the legality of employed, they were looking forward to working
the CWW arrangement. On the contrary, there 6 normal workdays and here you are reducing it
are decisions by the SC where the yhave even to less than 6 days and no proof of losses on the
cited the DRs governing a CWW. Perhaps that is a part of the employer so SC declared the
recognition that CWW is valid. workweek arrangement as illegal.

But why would it be valid? We are just reducing Now, after 6 consecutive normal work days, the
the normal workweek to less than 6 days say 5 employer must provide a rest day, a right to a
days a week, so when you compress a 48 hour weekly rest day. The rule is that the workers
workweek then your normal workday will be cannot be required to work on their rest day
increased, it will be equivalent to 9.6 if im not against their will. You can volunteer but you
mistaken. The employer is able to save 1 day cannot be forced or compelled. However, LC has
where it could have spent money for the exceptions under Article 92. One of the easiest
operation of its business. Also, the workers are provisions to remember is to prevent loss or
able to enjoy additional day of rest on top of their damage to perishable goods where you can
scheduled rest day. They are able to save money require to work on their scheduled rest day
for their meals and transportation to and from wherein they will be entitled to premium pay.
the office. It works to the advantage of both
employer and employee. What does the What caught my attention is Article 93 B,
employer get out of this arrangement? He is not establishments where the employer cannot
required to pay the overtime pay of the worker schedule a rest day to the workers and cannot
even if works more than 8 hours a day as long as also provide a regular workday schedule for
it does not exceed 12 hours a day or no more them. In the past, there was a time where –
than 48 hours a week. workers only work where there is a ship coming
to the port, where the job is to unload the
Under our guidelines, CWW requires consent of a cargoes from the ship and bring it to a certain
majority of the employees. This arrangement is area or storage. But the ship schedule was not
intended to be temporary, not permanent. It is regular nor consistent. Medyo irregular yung
classified as a flexible work arrangement. schedule nila so the LC provides for a situation
that will address or where the workers
Insofar is the objective on CWW is concerned, workdays cannot be fixed. But there is also an
DOLE says the CWW is intended to promote additional compensation given to these type of
business competitiveness and productivity to workers if they work on Sunday and holidays.
lower operating cost and thereby improve Sunday will be their rest day.
efficiency reducing work related expenses and
also to achieve flexibility in fixing hours of work ANOTHER TOPIC:
compatible with business requirements and
employees balance of work and life. This is one You will also note that part of the conditions of
of the objectives: balance of work and life. They employment will be observance by the employer
will enjoy and additional day of rest. This is not of existing occupational and safety regulations.
rest day ha it is different from additional day of In 2017, there were 2 DOs issued by DOLE, D0
rest. If rest day you are paid premium pay if 178, and DO 184 (standing and sitting). The
made to work. Here, this is 6th day of CWW DOLE came up with these DOs to address the
arrangement. Take not of the 2007 case of Linton health and safety of workers whose work require
commercial and the 2009 case of Rosa where the them to stand and sit for long hours.
Here, those workers include for example retail
and service establishments. In a grocery store,
most of the retail workers there are standing
because of the nature of their operations. Ang
assembly line workers, they usually stand while
performing work.

Teachers are also standing for long hours, at

least in the college of law seats are provided and
I for one, does not stand but rather sit down.

Security personnel require them to stand for

long hours. Take note of this DO because here,
with regard to workers whose nature of work
require them to stand, the DOLE has
recommended some measures like implementing
a rest period to break or cut the time spent on
standing or walking, provide them tables or
work surfaces with adjustable heights to allow
workers to alternately sit and stand while
performing their tasks. Provide these workers
with accessible seats to be used during rest
periods or working hours provided they can do
their work in that position without detriment to
their efficiency such as stools that can be easily
stowed away.

Those who are required to sit for long hours, the

DOLE gave us examples such as computer and
clerical works, bus drivers, transportation, toll
booths, IT and business processing management
where sedentary work is observed. As part of the
occupational health and safety regulations, some
of the recommended measures are to provide
workers with regular 5 minute break every 2
hours from sitting time or ensure that
workstation is designed appropriately for the
type of work or change the work system by
providing sit stand work station that would
facilitate easy mobility of workers. There are
many measures, just get 1 or 2 ideas in case you
will be asked in the Bar exam as to who these
workers are.