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Labor - V. F. Conditions of Work - Development - Normal Hours of Work -…

- - - - b. Coverage/Exemption
        
        c. Normal Hours of Work (LC 83)
        
        Compensable Hours of Work (Book III, Rule I Sec. 3 & 4))
        
        Specific Rules
        
        Rest Period - Rest periods/Coffee breaks running from 5-20 minutes are considered as compensable working time. If in excess of this, not compensable. (Rule I Sec. 4 & LC 84)
        
        Meal Period - Generally, Meal periods shall not be less than one hour for regular meals.(LC 85 & Rule I Sec. 7)
        
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        Waiting Time - If such time is integral part of work or the employee is required or engaged by the employer to wait, compensable working hours.(Rule I Sec. 5)
        
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        General Rule - All hours which the employee is required to give to the employer, regardless if such time was spent in productive labor.
        
        Inactive - The time which an employee is inactive by reasons of interruptions due to work beyond control shall be considered working time IF:
        
        (a) Imminence off the resumption of work requires the employee's presence at the place of work
        
        (b) If the interval is too brief to be utilized effectively and gainfully in the employee's own interest.
        
        General Rule: Normal hours of work shall not exceed (8) days.
        
        Article 83. Normal Hours of Work— The normal hours of work of any employees shall not exceed eight (8) hours a day. Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least eight (8) hours a day, for five (5) days a week, exclusive of time for meals except when the exigencies of the service require that such personnel work for six (6) days or forty- eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For purposes of this Article, “health personnel” shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
        
        Exception - Health Personnel in cities with 1M populaton or in hospitals with a bed capacity of at-least 100. - Here, 8 hrs, 5 days a week. EXCEPT when work requires (6) day or (48) hours.
        If latter applies, then additional compensation of at-least 30% of the regular wage on the sixth day.
        
        Flexible Work Hours (DO 4 2010)
        
        Compressed Work Week (DA No. 2, S. 2004)
        
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        DA No. 4, series of 2010. (Flexible Work Arrangement)
        II. Concept:
        Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays and workweek. The effectivity and implementation of any of the flexible work arrangements shall be based on voluntary agreements between the employer and the employees.
        The adoption of the flexible work arrangements provided herein shall in no case result in diminution of existing benefits of the employees.
        III. Flexible work arrangements-- The following are the flexible work arrangements which may be considered, among others:
        
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        General Rule - All employees of establishments are entitled to provisions on LC working conditions and Rest Period. (LC 82)
        
        Exceptions -
        
        (1) Governmental Employees;
        
        (2) Managerial Employees;
        
        (3) Field Personnel who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty;
        
        (4) Members of the family of the employer who are dependent on him for support;
        
        (5) Domestic Helpers;
        
        (6) Persons in the personal service of another;
        
        (7) Workers who are paid by results as determined by the SOLE in appropriate regulations.
        
        Government Employees - Only GOCCs which are registered with the SEC under the Corporation Code are covered by the Labor Code.
        
        Managerial Employees - Covers(LC 291)
        
        (1) Managerial Employees - have the power or prerogative to lay down and execute management policies, hire, transfer, suspend lay-off, recall, discharge, assign or discipline employees.
        
        (2) Supervisory Employees - Has the power to effectively recommend managerial actions and such authority is not merely routine or clerical in nature but requires use of independent judgment.
        
        (3) Managerial Staff - have duties which consists of performance of work directly related to management policies of the employer.
        
        Field Personnel - those who work away from the principal place of business and whose actual hours of work in the field cannot be determined with reasonable certainty. (Book III Rule I Sec. 2)
        
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      - This was designed not only to safeguard the health and welfare of the laborer or employee, but in a way to minimize unemployment by forcing employers, in cases where more than 8-hour operation is necessary, to utilize different shifts of laborers or employees working only for eight hours each.
- - - - Overtime on holiday/Rest Day - Ordinary rate + 30% of daily rate. If rest day is during holiday, 30% for holiday and 30% for rest day.
        
        Double Rate - Here, if work was done during holiday/rest day double base rate.
      - Emergency or Compulsory Overtime Work (LC 89, Rule 1 Sec. 10)
        
        Undertime Work/Leave (LC 88) - Overtime work cannot offset undertime work.
        
        Additional Compensation (LC 87; Rule 1 Sec 9) -
        
        Proof of Work/Employer Obligation - Burden of proof on the employer to show that there was payment or other compliance with employer obligation as they have access to the records of employment. (SSS v. CA)
        
        General Rule - Overtime work is voluntary. However, can be made compulsory if:
        
        (A) War/Emergency - Country is at war or when any other national or local emergency has been declared by Chief Exec or National Assembly
        
        (b) Loss - When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by a calamity.
        
        (c) Urgent Work - Where there is urgent work to be performed on machines, installations, or equipment in order to avoid serious loss or damage to the employer or some other cause of similar nature.
        
        (d) Perishable - when work is necessary to prevent loss or damage to perishable goods.
        
        (e) Eight Hour - When the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
        
        (f) Weather - When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.
      - Integration - Overtime pay may be integrated in daily wage rate provided that:
        
        (1) Clear written agreement knowingly and voluntarily entered into by employee;
        
        (2) Mathemathical computation shows that agreed legal wage rate and overtime pay are equal or higher than amounts separately computed
  - - - Exception-
        
        Those of the government and any of its political subdivisions + GOCCs
        
        Retail and service establishments that regularly employ not more than 5 workers
        
        Domestic helpers and persons in personal service of another
        
        Managerial Employees
        
        Field personnel and other employees whose time and performance is unsupervised - including task/contract/commission/fixed amount of work.
        
        Managerial Employees/Field Personnel LC 82 -
        
        Managerial - those whose primary duty consists of management + officers or members of managerial staff
        
        Field Employees - Non-agricultural employees who regularly perform duties away from the prinicpal place of business, and whose hours of work in the field cannot be determined with reasonable certainty.
        
        Definitions
        
        Retail establishment R VII, Sec. 1f - Retail Establishment is one principally engaged in the sale of goods to end-users for personal or household use.
        
        R VII, Sec. 1g - Service Establishment one primarily engaged in the sale of service to individuals for their own or household use and is generally recognized as such.
        
        Q. of NGOs that do not employ more than 5 workers. Under LC, those are also not exempted from providing the benefits under Book III.
        
        Pakyaw personnel - usually ranked with field personnel UNLESS there is a showing that they are supervised. Because Pakyaw is just a method of payment. If proven that unsupervised then no need.
      - Including those who work on night shift on a regular basis. For those who work on night shift covered by Ch. V of LC (154-161) in addition to the benefits here.
        
        Night work - those who work from 10 to 7 (8 hrs of work). Night shift differential covers only 10 to 6. (RA 10151)
    - - Additional Compensation - Scheduled rest/special holiday - Rule II Sec. 4 - Atleast 30% of regular wage + 10% of the premium pay rate.
        
        Regular Holiday - RII Sec. 5 - Regular wage + 10%
  - - - LC 91 - Right to a weekly rest day -
        
        Duty of every employer to provide all employees a rest period of not less than (24) hours after every (6) consecutive normal work days.
        
        Employer shall determine and schedule the weekly rest day of his employees subject to a CBA and rules and regulations as may be implemented by SOLE. Employer shall respect the preference of employees as to weekly rest day if it is based on religious grounds.
        
        LC 92 - When employer may require work on a rest day
        
        CALAMITY - In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property or imminent danger to public safety.
        
        URGENT WORK; SERIOUS LOSS - In case of urgent work to be performed on the machinery, etc. to avoid serious loss which the employer would otherwise suffer
        
        PERISHABLE GOODS - to prevent loss or damage to perishable goods
        
        ABNORMAL PRESSURE - In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures
        
        NATURE OF WORK; LOSS - Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer
        
        ANALOGOUS CIRCUMSTANCE - Under other analogous circumstances as may be determined by SOLE.
        
        LC 93 - Compensation for Rest Day, Sunday or Holiday work
        
        (a) When employee is made or permitted to work on scheduled rest day - 30% - 30% on sunday only if its also rest day
        
        (b) If nature of work means no regular workdays and regular rest days, then 30% additional if work is on sunday or holiday
        
        (c) Special Holiday -- 30% - but if Special Holiday work is also on rest day, 50%
        
        (d) Where CBA or other contract stipulates higher premium pay, that applies.
        
        If regular holiday - then entitled to 100% of regular wage.
        
        Monthly Wage - Daily rate x days of month
        Daily Wage - monthly wage / days worked.
        
        General Rule: Employee can't be compelled to work on rest day.
        Exception: LC 92
      - Omnibus Rules - Book III - Rule III - Sec. 1-9
        
        Sec. 1 - Coverage - All employers, including public utilities.
        
        Sec. 2 - Business on Sunday/Holidays - All businesses can open on sundays and holidays provided that employees given rest day and benefits
        
        Sec. 3 Weekly Rest Day - (24) hrs after every (6) consecutive work days.
        
        Sec. 4 Preference of Employee - Preference of Rest day of employee preferred if religious grounds. Preference made known 7 days before effectivity of the initial rest day in writing.
        But, if choice of rest day will result in serious prejudice or obstruction to the operations of the undertaking and employer cant resort to other remedial measures, employer can schedule weekly rest day of his choice for atleast (2) days in a month.
        
        Sec. 5 Schedule of Rest Day -
        (a) If weekly rest is given to all employees simultaneously, employer shall make known the rest period by posting a written notice conspicuously posted in workplace 1 week before effectivity
        (b) If rest period not simultaneously and collectively - same 1 week written notice - but respective weekly schedules of rest.
        
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    - - LC 94b - Right to Holiday Pay - Employer may require employee to work on holiday but must pay compensation equivalent to twice the regular rate.
        
        Book III, Rule IV, Sec. 4 - Compensation for Holiday Work - Employee permitted or suffered to work on any regular holiday, not exceeding (8) hours shall be paid atleast 200% of his regular daily wage.
        
        If holiday on scheduled rest day, then additional premium of atleast 30% of regular holiday rate of 200% based on his regular wage rate.
      - Holidays
        
        LC 94 - Right to Holiday Pay
        
        GR - Every worker shall be paid regular daily wage during regular holidays,
        
        XCPN -
        
        Retail and service establishments regularly employing less than 10 workers.
        
        Does not apply to managerial and field employees.
        
        Note that the x2 wage applies only for regular holiday. NOT special holidays.
        
        Faculty in Private School - Rule IV Sec. 8a - Holiday Pay of Certain Employees - - Private school teachers, including faculty members of colleges and universities may not be paid for the regular holidays during semestral vacations. But paid for regular holidays during Christmas vacation.
        
        Regular Holidays - expanded, added Eid al fitr and Eid al adha
        
        New Years, Maundy Thurs, Good Fri, April 9, May 1, June 12, July 4, Nov. 30, Dec. 25 and 30 and any day designated for a general election
        
        Special Holiday - Ninoy Aquino day, All Saints day, Dec. 31, Feast of the Immaculate Conception of Mary
        
        Divisor - when wage is paid on a monthly salary basis, formula is
        salary x months worked / total days worked
        
        Holiday -
        includes New Years, Maundy Thurs, Good Fri, April 9, May 1, June 12, July 4, Nov. 30, Dec. 25 and 30 and any day designated for a general election
        
        Absences (Rule IV)
        
        Sec. 6a Absences - All covered employees entitled to the benefit provided therein if they are on leave of absence with pay.
        If absent without pay on the day immediately preceding a regular holiday, they may not be paid the required holiday pay if they didn't work on the regular holiday.
        
        Sec. 10 Successive Regular Holidays - Where (2) or more succesive regular holidays - employee may not be paid for both holidays
        IF he absents himself from work on the day immediately preceding the first holiday, unless he works on the first holiday. If they do, then entitled to holiday pay on the 2nd holiday.
        
        Non-Working/Schedule of Rest Day Sec. 6c - If day immediately preceding the holiday is non-working day in the establishment or scheduled rest day, then employee shall not be deemed to be on leave of absence on that day.
        In which case, employee shall be entitled to the holiday pay if he worked on the day immediately preceding the non-working/rest day.