1. Hours of Work

Principles in Determining Hours Worked

• All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.
• An employee need not leave the premises of the workplace in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his workplace.
• 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 on such work shall be considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor
• 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
• The interval is too brief to be utilized effectively and gainfully in the employee's own interest. (IRR of Labor Code, Sec. 4, Book III, Rule I)

Exceptions:

• In case of Urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer
• 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 or property, or in cases of force majeure or imminent danger to public safety
• In the event of Abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures
• To prevent serious loss of Perishable goods
• Where the Nature of the work is such that the employees have to work continuously for 7 days in a week or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases (IRR Labor Code, Sec. 6, Rule III, Book III)
• Under other Analogous or similar circumstances
• Where nature of work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer (Labor Code, Art. 92)’

Other than the above circumstances, no employee shall be required against his will to work on his scheduled rest day.

When an employee volunteers to work on his rest day under other circumstances, he shall express such desire in writing, subject to payment of additional compensation.

An employee shall be entitled additional compensation for work performed on a Sunday only when it is his established rest day.

The failure to work on the employee’s scheduled rest day does not justify the disciplinary sanction of outright dismissal from employment as such is so severe a consequence, more so when justifiable grounds exist for said failure (Remerco Garments Manufacturing v. Minister of Labor, G.R. No. L-56176-77, 1985)

Remuneration of employee working on a rest day

– REGULAR REMUNERATION (100%) + PREMIUM PAY (additional sum of at least 30% of the regular remuneration)

Note: There can be no valid waiver of compensation for work done on a rest day or holiday.

Synthesis of the Rules

• Rest day of not less than 24 consecutive hours after 6 consecutive days of work.
• No work, no pay principle applies
• If an employee works on his designated rest day, he is entitled to a premium pay.
• Premium pay is additional 30% of the basic pay
• Employer selects the rest day of his employees
• However, employer must consider the religious reasons for the choice of a rest day.
• When the choice of the employee as to his rest day based on religious grounds will inevitably result in serious prejudice or obstruction to the operations and the employer cannot normally be expected to resort to other measures, the employer may so schedule the weekly rest day of his choice for at least two days in a month. (IRR Labor Code, Sec. 4, Book III, Rule III)

Holidays

Holiday Pay: Coverage; Exclusions