Photo from Unsplash | Christina @ wocintechchat.com
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
“Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as working time if all of the following conditions are met:
(a) Attendance is outside of the employee’s regular working hours;
(b) Attendance is in fact voluntary; and
(c) The employee does not perform any productive work during such attendance.” (Section 6, Rule I, Book III, Omnibus Rules Implementing the Labor Code)
Hours of Work
Article 84 of the Labor Code states that:
“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.”
Attendance at lectures, meetings, training programs
All hours 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 are considered as hours worked. (Section 4, par. a, Rule I, Book III, Omnibus Rules Implementing the Labor Code)
Under the Omnibus Rules Implementing the Labor Code:
“Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as working time if all of the following conditions are met:
(a) Attendance is outside of the employee’s regular working hours;
(b) Attendance is in fact voluntary; and
(c) The employee does not perform any productive work during such attendance.” (Section 6, Rule I, Book III, Omnibus Rules Implementing the Labor Code)
Jurisprudence says:
In the case of STANFILCO DOLE Philippines, Inc. v. Jose Tequillo (G.R. No. 209735, July 2019), the Supreme Court ruled that when the attendance at lectures, meetings, training programs and other similar activities are related to the performance of the duties of the employee, the time spent for such is considered as working time
Read also: When is travel time considered as hours worked?
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.