MODULE 8-9: CONDITIONS OF EMPLOYMENT

See: IRR on guidelines in determining hours worked.

HOURS OF WORK (ART. 83 OF LABOR CODE) Important!
Take Note: There is a definition as to the hours of worked.
This refers to all time that employee is required to be on How is it significant? To whom?
duty or in the prescribed workplace.
Workers paid based on time
KW: DUTY + PRESCRIBED WORKPLACE  Very significant for workers who are paid base on
time. Because, if you are paid base on time, the
Example: Bank teller is required to be on duty from 8 am number of hours that you are required to be on
to 3pm. duty on the prescribed workplace or permitted to
 Whole hours will be considered as hours of suffer to work is relevant for purposes of
worked. compliance with labor standards.
 Significance: If there is any work beyond the
work hours, then the workers are entitled to Workers paid based on result
additional compensation in the form of an  While it is true that with the performance of the
overtime pay. job, you get compensation regardless of the time
spent. If you look at our existing wage orders,
Take Note: Under the LC, the normal hours should not these workers paid by result must be entitled to
exceed 8 hours. In our existing wage orders, when we the minimum wage for 8 hours of work or if less
speak of normal hours of work, it has been fixed rate than 8 hours, at least in proportion thereof.
hours. However, there are establishments that workers  There is also some relevance.
less than 8 hours. If they consider that as normal hours
of work, then that is still consistent with the law because JMM: This is the reason why in the course syllabus, I have
the law says the normal hours of work should not exceed placed keeping of time records and entries. And the
8 hours. keeping of time-based entries is not only applicable to
 It’s not always fixed at 8 hours. But, generally, it time-based workers but also applies to managerial
is 8 hours. employees, executives, and workers paid by results.

Several years ago, when I was still young, movie theaters KEEPING OF TIME RECORDS AND ENTRIES
operate only 4 hours a day because that was during the How is this relevant?
time of martial law and there has been strict regulations  For purposes of determining attendance. Kasi if
of movie theaters and other establishments. So, it is not managerial employee ka, you are excluded from
uncommon that there are establishments that operates entitlement to overtime pay and other similar
less than 8 hours and consider it as their normal hours of labor standards.
worked.  IF you are a worker paid by results, as for
example, worker paid by a job on task or a piece
Another definition of hours worked: rate worker whose time is not supervised, then
you are likewise not entitled to overtime. BUT you
All the time where the employee has been cannot stop the employer from requiring you to
permitted or suffered to work. keep a time record. NOT for the purpose of
compensating you from overtime, BUT to
 IF it is outside your hours of duty or outside your determine your attendance in the office.
prescribed workplace, the employee has suffered
or permitted to work because the employer has General rule: Normal hours of worked shall not exceed
to pay certain transactions and ask the worker, 8 hours.
THEN that employer has been deemed permitted
or suffered to work. Remember:
 Emphasis: Important in determining whether  There are types of employments where the hours
the work performed has exceeded the normal of worked is different.
hours of work, which entitle the work to overtime
pay. Exception: DIFFERENT WORK HOURS

KW: PERMITTED + SUFFERED UNDER RA 7610 (CHILD EMPLOYMENT)

Make a distinction between the age of the child to
Take Note: In the IRR you will see there guidelines in determine the hours of worked.
determining hours of worked, when there is a power  If below 15 in those instances allowed by law –
interruption for example, will you consider the period hours of work shall not exceed 4 hours a day or
where there was a power interruption hours worked? 20 hours a week. (lower)
  If 15-17 – hours of work shall not exceed 8 hours
a day. MEAL PERIOD
We also make mention of a meal period under Art. 85
RA 10361 (DOMESTIC WORKERS ACT) of the Labor Code. It is the duty of every employer to
When the law does not prescribe the specific hours of provide their employees a time-off for regular meals. How
work of the kasambahay, impliedly we can infer that long? Not less than 60 min. Or 1 hour. Is it
because the kasambahay is entitled to a daily rest period, compensable? No, it is not compensable hours work.
so we deduct 24 hours from the 8 hours = maximum work This meal period, the law does not fix what part of the
of our kasambahay should not exceed 16 hours a day. work schedule will the employee avail of this meal period.
It could be at the start of his work shift, middle, or the
EMPLOYMENT OF HEALTH PERESONNEL last part of his work shift. Customarily, it’s I the middle of
 Different types of employment – in the the work shift.
employment of a health personnel – where there
is a special provision with regards to waiting time Can it be shortened? The law allows certain instances
when the meal period may be shortened to less
WAITING TIME than 60 min. However, the law requires that in the case
If the employee is required or engage to wait, that waiting it is shortened to less than 60 min., then the shortened
time is considered as hours worked. meal period will be considered as hours work. In case of
 Example: Endorsement period of a health shortening the meal period, it shall in no case be less than
personnel, if the health personnel is required the 20 min. The whole period shall be considered
employer to wait. compensable hours work because the employer has in
effect deprived the employee of enjoying at least 1 hour
WORKING WHILE ON CALL non-compensable meal period.
See: DO 182, S 2017
Applies that personnel is required to leave a word at his There are also type of jobs where the meal period has to
home or with the company official where he may be be shortened because there are things to be one in the
reached, then he is deemed to be working while on call – operation of the business.
the whole time will be considered as hours worked. Take not of the instances when the meal period may be
 IF there is a proof that work was performed shortened.
beyond 8 hours – THEN they will be entitled to  When the work is non-manual
overtime for the covered personnel. It is not physically strenuous. The employer may
shorten the meal period. For work that are
(nagpakita siya picture ni eddie Garcia lol, pagkahibaw physically strenuous, the employer cannot
niya nay accident, iya gi apil sa iya syllabus) shorten the meal period. Otherwise, the worker
will have no more time to rest, and take his
WORKERS IN THE MOVIE INDUSTRY meals.
There is also a provision on waiting time. By the way,
regarding these workers in the movie and television The labor code provides to have a meal period, but does
industry, it makes mention of the following workers: the labor code require the employer to provide meals?
cameramen, production assistant, teleprompter, VTR NO, it’s just the period and not the actual meal. You are
Editor, newscaster/anchor, reporters/news lucky if you work for a company that provides a meal free
correspondents. These are considered workers and are of charge.
being governed by the Labor Code of the Philippines.  To prevent loss or damage of perishable
Don’t be confused with talents although they are covered goods
by the same regulation. Talents are considered as We have discussed these instances where the
independent individual contractors where no company operates not less than 16 hours a day
employer-employee relationship exists, but they such as utility companies like VECO, hotel
are still within the ambit of protection of this labor establishments operate for 24 hours, so there is
advisory No. 04 Series of 2016. The workers I a need for a meal period.
mentioned in the TV and movie industry, there is a special
provision on waiting time. 1998 case of Simedarby
The 1998 case of Simedarby will tell us that even if
Their waiting time is to be considered as hours work if the employer decides to shorten the meal period,
they are required to wait. There’s a shooting for example the employer is allowed to reinstate the 1 hour
and I am the cameraman. The actor/ actress comes in meal period. If he reinstates the 1 hour meal period,
late, so I have to wait until the shooting starts. The whole that 1 hour period will be considered non-compensable.
time will be considered as hours work. If it exceeds the There will be no diminution of benefits that will be
normal hours of work, that will entitle the workers to incurred by the employer. It is basically an exercise of
additional compensation in the form of overtime pay. management prerogative. If you shorten it, then you
have to compensate. The shortened meal period COMPRESSED WORK WEEK
shall be considered hours work. If it turns out for that Compressed Work Week is not found in the Labor
particular day, you have rendered more than 8 hours, Code. It was a creation of the Dept. of Labor in the olden
then you will be entitled to overtime pay. days when the country was facing an oil crisis because
The normal work week and the compressed work week. there were wars in the Middle East. The prices of oil
The labor code provides that a worker shall be spectacularly gone up. We cannot afford to buy oil if the
entitled to a rest period or rest day after 6 prices are too high. So, the country had to adopt a system
consecutive normal work days. Since a week consists to conserve energy and power. The DOLE together with
of 7 days, if the employees are made to work 6 the employer and employee sector came up with the idea
consecutive workdays, the 7th day will be considered as of adopting a Compressed Work Week.
the worker’s rest day. The rest day shall not be less than
24 consecutive hours. A rest day which consists of not CWW (definition) - an alternative arrangement
less than 24 consecutive hours is non-compensable. whereby the normal work week is reduced to less than 6
days but the total number of work hours per week shall
If you’re work week is 6 days a week, then 6 multiplied remain at 48 hours.
by 8 hours, you have a 48 hour work week. Under the
labor code, the exception to the normal 6 day work What is a compressed workweek?
week is with regard to health personnel in clinics It is an alternative arrangement whereby the
or hospitals situated in a city or municipality with normal workweek is reduced to less than 6 days
a population of at least 1M or a bed capacity of at but the total number of normal work hours per
least 100. In that situation, the law provides health week shall remain at 48 hours. In other words, the
personnel a five day work week to enable them to rest. normal workday is increased to more than 8 hours,
without corresponding overtime premium.
You are quite aware of the strenuous nature of the work
of health personnel. Is it valid?
Nobody has questioned the legality of the compressed
Get hold of a copy of Department Order No. 182 workweek arrangement. On the contrary, there are
series of 2017 which are the guidelines governing decisions rendered by the SC where they have even cited
employment and work conditions of health personnel in the Dept. regulations governing a compressed workweek.
private healthcare industry. This D.O. supersedes the Perhaps that is a recognition that a compressed
Omnibus Rules implementing the Labor Code at workweek is valid.
least those provisions which are inconsistent with the
guidelines are deemed impliedly repealed. Why valid?
We are just reducing the normal work week to less than
Under these guidelines of employment of health 6 days, take 5 days a week and simply compressed it.
personnel, it has a broader definition compared to the When you compressed a 48-hour workweek, then your
Omnibus Rules. normal workday will increase – 9.6 hours a day. The
employer is able to save 1 day where it could have spent
San Juan de Dios Hospital money for the operation of his business. On the other
Health personnel refer to employees engaged in health hand, the workers are able to enjoy an additional day of
and health-related work. They also include all other allied rest on top of their rest da. They will be able to save
health personnel. There was decision by the SC way money for meals and transportation. It works to the
back in 1997 involving San Juan de Dios Hospital advantage in both employer and employee.
that illustrates the application of the Labor Code on
employment of health personnel. The issue there was What does the employer get from this
whether these health personnel were entitled to full day’s arrangement?
wage on the sixth and seventh day if they are required to The employer is not required to pay the overtime
work beyond 5 days a week. Check if the court ruled in pay of the worker even if they work more than 8 hours a
favor of the hospital or in favor of the health personnel. day as long as they do not exceed more than 12
You will note there was a policy instruction promulgated hours a day or 48 hours a week.
by the Sec. of Labor that was declared not valid because
it violated the Labor Code on the compensability of health Please note that under our existing guidelines, when you
personnel who are required to work beyond 5 days. adapt a compressed workweek, it requires the consent of
at least the majority of the employees in the
If the health personnel are employed in hospitals or clinics establishment to agree to it. This arrangement is
without meeting the minimum population or prescribed intended to be merely temporary in nature. It is
bed capacity, they will be governed by the Labor Code. classified by the DOLE as a flexible work arrangement. As
They will have a normal 6 day work week. to the objective of DOLE: the CWW is intended to promote
business competitiveness and productivity. To lower
operating cost and thereby improve efficiency reducing DOLE came up with these DO to address the health and
work related expenses. And also to achieve flexibility in safety of workers. This includes for example retail and
fixing hours of work, compatible with business service establishments. When you go to a grocery store,
requirements and employees need for a balanced work- most of the retail workers are standing because of the
life. On the 6th day, the employee will enjoy an additional nature of their work. Or the assembly line workers who
day of rest. This is different from a rest day –since the usually stand in performing their work. One time, I visited
rest day, if you are made to work on your rest day there a client in MEPZA – a Japanese company and in their
is a payment of premium pay. assembly line, I observed that their workers are standing
while working, that is the nature of their work. Teachers
Linton Commercial and 2009 case of Rosa are also standing. Security personnel also stand while
Take note of the 2007 case of Linton Commercial and working.
2009 case of Rosa, where the SC declared the CWW as DOLE has recommended some measures like
illegal. Where the work days were reduced by the implementing a rest period to break and cut the time
employer from 6 to 3 days a week. Although there is no spent on standing or walking. To provide them tables or
proof that the company was suffering economic losses. work surfaces with adjustable heights to allow the
That will unduly deprive the workers of their pay. When workers to alternately the sit and stand while performing
you got them their work, they are looking at working 6 their tasks. To provide these workers with accessible
days a week and here you are reducing the work days to seats to be used during rest period and even during
less than 6 days and no proof of losses on the part of the working hours provided that they can perform their duties
employer. So the SC declared the work week arrangement in that position without detriment to their efficiency. Like
as illegal. providing them with small foldable stools which can be
easily stalled away not to hamper their work area. Or
After 6 consecutive normal work days, the employer must allowing them to use footwear.
provide a rest day. A right to a weekly rest day. The rule
is that the workers cannot be required to work on a rest DOLE also gave us examples of those employees whose
day against their will – you can volunteer to work but you nature of work requires them to sit for long hours:
cannot be forced, required and be compelled to work on (sedentary work) computer/clerical works, working in
your rest day. There are exceptions provided by the Labor the field of transportation, those working in toll booths,
code in Art. 92 – one of the easiest provision to remember IT and business processing management.
is to prevent loss or damage to perishable goods – you DOLE recommended to provide these workers with
can require your workers to work on their scheduled rest regular 5 –minute break every 2 hours of sitting time.
day – they will be entitled to additional compensation Ensure their work station is designed appropriately for the
(premium pay). type of work or perhaps change the work system by
providing seat stand, work station or properly designed
What caught my attention is Art 93 (b) – there are work station to facilitate in conducting standing meetings.
establishments whose operation the employer cannot
schedule a rest day to their workers and the employer
cannot provide a regular work schedule for them. In the
past, the arrastre workers can only work if there is a ship
coming to the port to unload the cargoes. The ship’s
schedule was not regular/consistent. The Labor code
provides for a situation that will address where the
workers’ work days/rest day cannot be fixed. There is an
additional compensation given to this type of workers if
they perform work on Sundays and holidays.

Part of the condition of employment will be

observance of the employer of existing
occupational and safety regulations.
Notably in 2017 there are 2 D.O. issued by the DOLE:
(take note of these)
 DO 178 – Safety and Health measures for
workers who by nature of their work have to
stand.
 DO 184 – Safety and Health measures for
workers who by nature of their work have to
spend long hours sitting.