Arica vs.

NLRC Waiting Time Facts: Petitioners Teofilo Arica et al filed a complaint against Standard Fruits Corporation (STANFILCO) Philippines for allegedly not paying the workers for their assembly time which takes place every work day from 5:30am to 6am. The assembly time consists of the following activities: 1. Roll call of the workers; 2. Getting their assignments from the foreman; 3. Filling out the Laborers Daily Accomplishment Report; 4. Getting tools and equipments from the stockroom; and 5. Going to the field to work. They contended that these activities are necessarily for private respondents benefit. The private respondent averred that the thirty-minute assembly time has been a long time company practice, thus, not considered as waiting time. The LA dismissed the complaint. The LA agreed that the the thirty-minute assembly time long practiced cannot be considered waiting time or work time and, therefore, not compensable. The NLRC upheld the decision of the LA for the same reason.

Issue: WON the 30-minute activity of the petitioners before the scheduled working time is compensable under the Labor Code.

Held: No. The thirty minute assembly time long practiced and institutionalized by mutual consent of the parties under Article IV, Section 3, of the Collective Bargaining Agreement cannot be considered as waiting time within the purview of Section 5, Rule I, Book III of the Rules and Regulations Implementing the Labor Code. The thirty (30)-minute assembly is a deeply-rooted, routinary practice of the employees, and the proceedings attendant thereto are not infected with complexities as to deprive the workers the time to attend to other personal pursuits. In short, they are not subject to the absolute control of the company during this period, otherwise, their failure to report in the assembly time would justify the company to impose disciplinary measures. Furthermore, their houses are situated right on the area where the farm are located, such that after the roll call, which does not necessarily require the personal presence, they can go back to their houses to attend to some chores. In short, they are not subject to the absolute control of the company during this period.