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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:
Waiting time is considered a compensable working hour:
(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.
(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.
(Section 5, Rule 1, Omnibus Rules Implementing the Labor Code)
Waiting time is an integral aspect of certain jobs and is considered compensable working hours if it is integral part of work or the employee is on an on-call duty.
Integral Part of Work
If waiting is an essential part of the employee’s job or if the employer requires or engages the employee to wait, then the time spent waiting is considered working time.
In simple terms, if the employer specifically instructs them to wait, that waiting time is considered part of their working hours. For instance, if someone’s job involves waiting for deliveries or waiting for customers to call, that waiting time counts as time worked.
On-Call Duty
On the other hand, being on-call means being ready to work if needed, even if the employee is not actively doing anything.
However, an employee is required to stay at or near the workplace during on-call hours, where they can’t freely use their time for personal activities, then that time is considered part of their working hours. However, if they’re on-call but can go about their normal routine without any restrictions, then they’re not considered to be working during that time.
Why it Matters
Recognizing waiting time as compensable working hours ensures that employees are fairly compensated for their time and effort, even during periods of waiting.
Related Article/s:
ENGAGEMENT TO WORK: ENGAGED TO WAIT OR WAITING TO BE ENGAGED
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