c. Idle, Travel, Commuting, and Waiting Time

Waiting Time

Whether waiting time constitutes working time depends upon the circumstances of each particular case. The facts may show that the employee was engaged to wait or may show that he waited to be engaged. The controlling factor is whether waiting time spent in idleness is spent predominantly for the employer’s benefit or the employee’s (Azucena Vol. I, 9th ed., p. 231).

A laborer need not leave the premises of the factory, shop or boat in order that his period of rest shall not be counted, it being enough that he "cease to work", may rest completely and leave or may leave at his will the spot where he actually stays while working, to go somewhere else, whether within or outside the premises of said factory, shop or boat. If these requisites are complied with, the period of such rest shall not be counted. (Luzon Stevedoring v. Luzon Marine Department Union, G.R. No. L-9265, 1957)

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. (IRR Labor Code, Sec. 5[a], Rule 1, Book III)

When Employee is Considered Working while on call - When 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 (IRR Labor Code, Sec. 5[b], Rule 1, Book III)