WHAT ARE THE PRINCIPLES IN DETERMINING HOURS WORKED?

• Compensable hours worked includes all time during which an employee is required to be on duty or to be at the employer’s premises or to be at a prescribed workplace.

• Compensable hours likewise include all time during which and employee is suffered or permitted to work

• The employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees.

Working time is one during which an employee is actually working. It may include an instance when an employee is not actually working but is required to be present in the employer’s premises. Thus, the fact that he is required to be present although not actually doing any work, is still deemed working time. (Poquiz, Labor Standards Law, 2012 edition, p. 179)

The law says:

Compensable hours worked includes all time during which an employee is required to be on duty or to be at the employer’s premises or to be at a prescribed workplace; and all time during which and employee is suffered or permitted to work. (Article 84, Labor Code)

Working hours are compensable when:

1. Employee is required to be on duty or to be at a prescribed workplace;
2. Employee is suffered or permitted to work;
3. Rest periods of short duration during working hours shall not be more than 20 minutes; and
4. Meal period of less than 20 minutes (Sec. 7, Rule 1, Book III, IRR)

What are the principles in determining hours worked? The law says:

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:

1. 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.
2. 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.
3. 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.
4. 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. (Sec. 4, Rule I, Book III, IRR)

It bears emphasizing that the employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees. Jurisprudence says:

Verily and wisely, management retained the prerogative, whenever exigencies of the service so require, to change the working hours of its employees. And as long as such prerogative is exercised in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of the employees under special laws or under valid agreements, this Court will uphold such exercise. (Union Carbide Labor Union vs. Union Carbide Philippines, G.R. No. L-41314, November   13, 1992)