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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:
All the 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 the time during which an employee is suffered or permitted to work is considered as compensable work hours. (Section 3, Rule I, Book III, Omnibus Rules to Implement the Labor Code)
Travel time is considered as hours worked when: (1) employee is called to travel during emergency; (2) travel is done through a conveyance furnished by the employer; (3) travel is done under vexing and dangerous circumstances; and (4) travel is done under the supervision and control of the employer.
The Omnibus Rules to Implement the Labor Code provides that all the 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 the time during which an employee is suffered or permitted to work is considered as a compensable work hours. (Section 3, Rule I, Book III, Omnibus Rules to Implement the Labor Code)
Generally, travels from home before an employee’s regular workday and returns to his home at the end of the workday is not considered as hours worked.
However, travel time is considered as hours worked when: (1) employee is called to travel during emergency; (2) travel is done through a conveyance furnished by the employer; (3) travel is done under vexing and dangerous circumstances; and (4) travel is done under the supervision and control of the employer.
“Travel that is all in a day’s work”
Time spent by an employee travelling from one jobsite to another during the workday must be counted as hours worked.
When an employee is required to report at a meeting place to receive instructions or to perform other work there, the travel from the designated place to the workplace is part of the day’s work.
“Travel away from home”
Travel away from home refers to the travel that keeps an employee away from home overnight. It is considered work time when it cuts across the employee’s workday.
Such time spent traveling away from home is hours worked not only during regular working hours but also during the corresponding hours on non-working days.
Read also: When are power interruptions or brownouts considered as working hours?
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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