LABOR STANDARDS

BOOK THREE
CONDITIONS OF EMPLOYMENT
Title I WORKING CONDITIONS AND REST PERIODS
Chapter I- HOURS OF WORK
1 Obviously, the law on conditions of employment
cannot apply if employer-employee relationship does
not exist between the parties. In law, who is
considered an employee? an employer?
An employee is any person who performs services for an
employer in which either or both mental and physical efforts are
used and who receives compensation for such services, where
there is an employer- employee relationship.
An employer is any person natural or juridical, domestic or
foreign, who carries on in a Philippine trade, business or industry,
undertaking or activity of any kind and uses the services of
another person who is under his order as regards the
employment.
2 What are the implications or consequences of the
existence of employment relationship? Who are the
employees that are excluded from the coverage of the
law on employment conditions?
The employer reserves a right to control not only the end to be
achieved but also the means to be used in reaching such end.
The employee is to be afforded the proper employment
compensation, benefits and other incentives and emoluments as
provided by law or agreement.
The employees that are excluded from the coverage of the law on
employment conditions are:

a Government Employees
b Managerial Employees, including other officers or
members of the managerial staff
c Field Personnel
d The employers family members who depend on him for
support
e Domestic helpers
f Persons in Personal services of another
g Workers who are paid by results as determined by DOLE
regulations
3 What are the rights and responsibilities of the
employer and employee as regards determination and
observance of work hours?
Rights of Employer:
Except as limited by special laws, an employer is free to
regulate, according to his own discretion and judgment, all
aspects of employment, including hiring, work assignments,
working methods, time, place and manner of work, tools to be
used, processes to be followed, work supervision, lay-off of
workers and discipline, dismissal and recall of workers. Free will
of management to conduct its own business affairs to achieve
its purpose.
Rights of Employee:
Employees work hours should not exceed 8 hours a day.
To be properly compensated for the regular and extra
hours rendered in the performance of duties.
4 In law what are considered hours worked?
In law, hours worked covers all time during which an employee is
required to be on duty or to be at a prescribed work place and all
time during which an employee is suffered or permitted to work.
Waiting-time: If waiting is an integral part of the work.
Working while eating: When employee is not relieved

Working while sleeping: When such is subject to serious

interruptions to be rendered for work.
On-call: When time cannot be used effectively for his own
purpose.
Travel time
Grievance Meeting
Semestral Break
Which ones are unworked, hence, not compensable?
Work hours which are considered unworked are as follows:
a Meal time of which an employee is completely freed from
duties.
b Sleeping time if there is an opportunity for comparatively
uninterrupted sleep under fairly desirable conditions.
c On-call- when the work is not continuous, the time when
laborer can leave his work and rest completely.
d Employees within reach through mobile telephones.
e Travel time
Is lunch break compensable?
Lunch break or meal time is not compensable except in cases
where the lunch period or meal time is predominantly spent for
the employers benefit, and cannot be utilized in the employees
own interest or where it is less than 60 minutes, such time
constitutes work time.
What travel hours should be paid?
Travel hours that are considered paid are those where the
employee is subject to the employers supervision and control.
Travel from home to work- Where the employee is called
outside his regular working hours and is required to travel to his
regular place of business.

Travel that is all in the days work- Time spent by an

employee in travel as part of his principal activity, such as travel
from jobsite to jobsite during the workday.
Travel away from home- When it cuts across the employees
work day.