1. all time during w/c an EE is required to be on duty or to be at a prescribed workplace, and
2. all time during w/c an EE is suffered or permitted to work
Rest periods of short duration during work hrs shall be counted as hours worked
Principles in Determining Hours Wrked
1. All hrs are hrs worked w/c the EE is required to give to his ER, regardless of WON such hrs are spent in productive labor or involve physical/mental exertion;
2. An EE 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, to go elsewhere, whether w/in or outside the premises of his workplace;
3. If the work performed was necessary, or it
benefited the ER, or the EE could not abandon his work at the end of his normal working hrs because he had no replacement, all time spent for such work shall be considered as hrs worked, if the work was w/in the knowledge of his ER/immediate supervisor;
4. The time during w/c an EE is inactive by reason of interruptions in his work beyond his control shall be considered time either if the imminence of the resumption of work requires the EE’s presence at the place of work or if the interval is too brief to
be utilized effectively & gainfully in the EE’s own interest.
Pre/Postliminary Activities
j. Preliminary (before work) and postliminary (after actual work) activities are deemed performed during working hrs, where such activities are controlled/required by the ER and are pursued necessarily & primarily for the ER’s benefit
Waiting Time
k. whether waiting time constitutes working time depends on the circumstances on each particular case
l. controlling factor is WON time spent in idleness is so spent predominantly for the ER’s benefit or for the EE’s
1. Engaged to Wait – waiting time spent by EE shall be considered as working time if waiting is
considered an integral part of his work or if the EE is required/engaged by an ER to wait
2. Waiting to Engage – idle time is not work time
Working While Eating
GR: EE must be completely relieved from duty for the purpose of eating regular meals. The meal time is not compensable if he is completely free from duties during his meal period even though he remains in the workplace.
EE is not relieved if he is required to perform his duties whether active/inactive, while eating (ex. Stand-by for emergency work)
Working While Sleeping
GR: Sleeping time may be considered working time if it is subj to serious interruption or takes place under conditions substantially less desirable than would be likely to exist at the EE’s home.
if there is an opportunity for comparatively uninterrupted sleep under fairly desirable conditions, event though EE is required to remain on or near the ER’s premises and must hold himself in readiness for a call to action ENT.
m. depends upon the express/implied agreement of the parties, or in absence of an agreement, upon the nature of the service and its relation to the working time.
On Call
n. although EE can rest completely and may not be actually at work, if they are required to be in their place of work before/after the regular working hrs and w/in the call of their ERs, the time they stay in the place of work sould not be discounted from their working hrs
o. EE cannot use the time effectively for his own purposes is working while on call.
p. Not on call: EE is not required to remain on the ER’s premises but is merely required to leave work at his home or w/ company officials where he may be reached
q. Public health workers’ On call status – refers to a condition when public health workers are called upon to respond to urgent or immediate need for health/medical assistance or relief work during emergencies such that he/she cannot devote the time for his/her own use.
With Cellular phone or Other Contact Device
r. if EE is kept ―w/in reach‖ through a cell phone, he is NOT on call
Travel Time – time spent walking, riding, or traveling to/from place of work a. Travel from home to work – not worktime when EE receives an
emergency call outside his regular working hrs and is required to travel to his regular place of business or some other
worksiteworking time
b. Travel that is all in a day’s work – time spent by an EE in travel as part of his principal activityhrs worked
c. Travel away from home – travel that keeps an EE away from home overnight worktime when it cuts across the EE’s workday
Lectures, Meetings and Training Programs – not worktime if:
a. Attendance is outside of the EE’s regular working hrs;
b. Attendance is in fact voluntary; and
c. The EE does not perform any productive work during such attendance.
* must meet all criteria
Grievance Meeting – time spent in adjusting grievance bet ER & Ee during the time the EEs are required by the ER to be on the premiseshrs worked
if a bona fide union is involved depends on the CBA or the custom practice under the CBA
Semestral Break – hrs worked by teachers in private schools
WORK HOURS OF SEAMEN
s. they need not leave the boat in order that his rest period not be counted
Requisites for non-counted rest period a. he ceases to work
b. may rest completely
c. leave or may leave at his will the spot where he actually stays while working, to go somewhere else, whether w/in or outside the ship
HOURS WORKED: EVIDENCE & DOUBT
GR: When an ER alleges that his EE works less than the normal hrs of ENT as provided for in law, he bears the burden of proving his allegation w/ clear &
satisfactory evidence