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
