Hours of Work Flashcards
Normal hours of work prescribed by the Labor Code?
Art. 83. Normal hours of work shall not exceed 8 hours
Work Day?
24 hour work period commencing from time an employee regularly starts to work regardless of whether the work is broken or continous.
Calendar Day?
24 hour period commencing at 12 midnight and ending at 11:59.
Part time work?
the 8 hour labor work is the maximum not the minimum
8 hour labor law applicable in outside service force?
No, and they are not entitled to overtime compensation since their employer has no way of knowing the number of hours the employee works per day
What is compressed work week?
an alternative arraignment whereby the normal week is reduced to less than six days but the total number hours per week remains 48 hours.
Conditions for a valid cww scheme?
1) expressly and voluntarily supported by majority of the employees affected;
2) Certification is needed from an accredited safety organization or the firm’s safety is within the limits or levels of exposure set by DOLE’s occupational safety and health standards;
3) the DOLE is duly notified;
Effects of CWW Scheme?
1) Work beyond d 8 hours will not be compensable by overtime premium provided the total number of hours worked per day shall not exceed 12 hours.
EXCEPTION: Where there is a more favorable practice existing in the firm
2) Employees under CWW scheme are entitled to meal periods of not less than 60 minutes, (Art. 85 Labor Code)
3) Adoption of the CWW scheme shall in no case result in diminution of existing benefits
Flexible Work Arrangements?
Department Advisory No. 09-2-09. Considered as a better alternative than the outright termination of then services of employees or the closure of the establishment.
1) Broken Time
2) Forced Leave
3) flexi holiday
4) reduction of workdays
5) rotation of workers
6) compressed workweek
Waiting time considered as working hours if?
1) waiting is integral part of the work
2) employee is required or engaged by the employer to wait;
3) required to remain on call
Conditions of a valid CWW scheme?
1) Expressly and voluntarily supported by majority of the employees affected?
2) If work is hazardous, a Certification is needed from an accredited safety organization or the firms safety committee that work beyond 8 hours is within the limits or levels of exposure set by the DOLE
3) the DOLE is duly notified
Effects of CWW scheme?
1) work beyond 8 hours will not be compensable by overtime premium provided the total number of hours worked per day shall not exceed 12 hours.
EXCEPTION: mere favorable practice in the firm
2) entitled to meal periods of not less than 60 minutes, consistent with ART 85 of the labor code
3) is shall not result in diminution of benefits
Exception to the 8 hours a day for 5 days a week, or 40 hours per week?
EXINGENCIES. (ART 83) they may work for 5 days or for 48 hours, but they shall be entitled to an additional compensation of at least 30% of their regular wage for work performed on the sixth day
Health Personnel covered by ART 82 to 96?
No, they are covered by R.A. 7305 Magna Carta of Public Health Workers.
Waiting time is compensable if?
1) waiting is an integral part of the work
2) employee is required or engaged by the employer to wait
3) employee is required to remain on call in the employers premises or so close to the premises.
Power interruptions compensable if?
the power interruption did not last for 20 minutes
Semestral break compensable for teacher?
Yes.
University of Pangasinan Faculty Union vs University of Pangasinan.
They will receive their regular salaries during this period because they did not voluntarily asked for the semestral break ad voluntatem
Lectures, Meetings and Training program are NOT compensable if
1) OUTSIDE regular working hours
2) VOLUNTARY
3) does NOT PERFORM any productive work during such attendance
Attendance in Labor Relations compensable?
CBA - NO
Grievance - Yes, if inside the premises
Hearing - NO
Work hours of seamen criterion?
on whether they actually rendered service in excess of said number of hours
ART 85 MEal hours rules
Gen Rule: should not be less than 60 minutes.
EXC: may be less than 60 minutes but not less than 20 minutes
Coffe breaks // Compensable
Shortened Meal break upon employees request?
May be granted as long as requisites are met:
1) work is not physically strenous with adewuate coffee breaks
2) compensatiable
3) no dimunition in the salary
4) overtime pay will become due and demandable
5) temporary
6) AGREE in WRITING and WAIVE overtime pay
NIGHT SHIFT DIFFERETIAL?
work from 10:00 PM to 6:00 AM
Is COLA included in the computation of NSD?
NO.
NSD in overtime work computation?
10% NSD should be based on overtime rate
NSD not WAIVABLE?
TRUE.
Mercury Drug v Dayao
Difference between NSD and OT ?
NSD - work done 10:00 PM to 6:00 AM
OT - payment for the excess regular 8-hour work
NSD - 10% of basic wage
OT - 25 % or 30 % of the basic wage
True of False.
The receipt of overtime pay will not preclude payment of NSD?
TRUE.
Naric v Naric workers Union
OT vs Premium Pay
OT- work performed beyond 8hours
PP - work performed within 8 hours on non-working days, such as rest days, and regular and special holidays.
Is the facilities deducted from the computation of basic wage?
No.
COLA is not included in the computation of OT Pay
OT in a Special or rest day?
rate on 8 hours per day plus 30%
Legal basis to assert ot payment?
Gen Rule: Verbal is enough
EXC: if during REST DAYS and HOLIDAYS written authority is required for entitlement.
Can the undertime work be offset by overtime work?
NO.
ART 88
NWSA v NWSA Consolidated Union
Can an employer compel employee to render OT?
Gen Rule: No
EXC:
1) War declared by congress and President
2) necessary or favorable weather
3) Preserve perishable goods
4) Urgent work needed on machines and equipment
5) prevent Loss or damage to life or property due to emergencies
6) prevent serious obstruction that is prejudicial to the employers regular conduct of business.
duration of the weekly rest day?
ART 91. not less than 24 consecutive hours after every six consecutive normal work days.
Entitlement to compensation on regular holidays/
as long as he rendered work the day preceding the holiday, and on a leave with pay.
Regular v Special Holiday
RH - compensable even if unworked
SH - no work no pay
RH limited to 12 enumerated
SH- not exclusive LGU can make
RH- 200 %
SH- 130 %
double holiday pay (example araw ng kagitingan and good friday) on the same day?
200 % of the basic wage
a) entitled even if unworked
b) to give only 100 % is not allowed because it would reduce number of holidays. (Asian Transmission Corp v CA)
300% if
worked on 2 regular holidays on the same day
390 %
worked on double holiday which is also his rest day
Single Holiday Rule?
1) worked
2) was on leave with pay
3) on authorized absent
SIL?
five day leave with atleast 1 year of service
SIL does not apply?
1) Govt employees
2) Manegerial
3) Field prsonnel unsupervised and payed on a fixed amount
4) on VL
5) already enjoying those benefits
6) less than 10 employees
7) Persons in persona business of another
employees and commission basis are entitled to SIL?
Yes.
Rule on prescription on the unused vl to monetary claims?
no prescription
Piece rate employees entitled to SIL?
working inside - yes
working outside - no
VL and SL Required by Law?
No. Management Prerogative.
Service Charge?
85% of all the covered employees to be equally distributed among them.
In SC is abolished?
must be included in their wages
