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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 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.
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 I, Book III, Omnibus Rules Implementing the Labor Code)
The Omnibus Rules Implementing the Labor Code provides for the rules to determine the compensability of waiting time.
The law says:
“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.
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 I, Book III, Omnibus Rules Implementing the Labor Code)
Simply put, waiting time is considered hours worked if:
- Waiting is an integral part of his work;
- The employee is required or engaged by the employer to wait; or
- When the employee 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.
If the employee is not required to remain on the employer’s premises but is merely required to leave word at his home, or with company officials, where he may be reached, he is not considered working while on call.
Under the Omnibus Rules Implementing the Labor Code, the following general principles shall govern in determining whether the time spent by an employee is considered hours worked:
(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.
(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.
(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.
(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.” (Section 4, Rule I, Book III, Omnibus Rules Implementing the Labor Code)
Related Article/s:
Engagement to Work: Engaged to Wait or Waiting to be Engaged
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.
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