Travel time-some employers are providing service

Remember the rules on travel time

When compensable and non compensable

GR travel time is not compensable because this is part of this daily routine, daily incident of employment

There are incidents travel is compensable:

1. Emergency call- ex doctors

2. Thru conveyance provided by employer- when there is designated pick-up points along the road.
The scheduled of pick up time is compensable, such travel time is compensable
3. When such travel is Under the supervision and control of employer
4. Under dangerous circumstances of travel under the command of employment because it is not
normal incident of employment
5. When the travel is part of the job- ex. Site engineer tasked to visit several job site
6. Keeps the employee away- overnight- Field work -ex. Distribution of certificate of land
ownership to difference provinces- cuts across the employees work days
7. Instances of brownouts – loss of power
a. Less than 20 mins: compensable
b. Brownouts of more than 20 minutes are not compensable if the ff conditions are
present:
i. Id employees are allowed to leave the premises
ii. When employees are freely allowed to use their time

LESSON PROPER

Overtime work-service rendered in excess or in addition of normal working hours on normal working
days

Overtime pay- resulting amount pay by multiplying the hourly pay to the overtime work rendered times
25%

Rest day / regular Holiday pay – 30%

Special holiday pay – 50%

Basis of computation of overtime pay: Includes only cash wage only: regular basic pay (excludes money
received in many other concepts)

Employees are entitled to over time pay if there is no agreement of compressed work week but normal
work hours is 12 hrs - there s=is a law providing the legal normal work hours, despite there is a contract
of the normal working hours of 12

Generally an employee cannot be compel to work overtime because it becomes an involuntary servitude
but there are exemptions. (ART 89)
If employee refuses to render overtime work under the circumstances under art 89, the employer can
dismiss the employee because the order is lawful under the said article because it constitutes
insubordination and insubordination is an authorized and just cause for dismissal

Undertime cannot be offset by overtime because undertime hours have different pay to overtime since
there are different rates. It because advantageous to the employer.

Can an employee waive the payment of overtime pay?

General rule: No. it a right vested upon the employee

Exemptions:

 Under compressed work week (this a waiver to the overtime)

 If the compressed work week is only 3 days (16 hours)- allowed but excess of 12 hours shall be
overtime (4 hrs) , but there should be a certificate of Professional Safety Standard

San Miguel Case: Overtime is integrated in the monthly salary. The salary was increased but the time
cards are not anymore used. There was no diminution of wages.

Under red cross: Even is red cross is a humanitarian organization, as long as one is an employee, such
employee is entitled to all statutory benefits.

Even if you are still a probationary employee, you are still entitled to statutory benefits. The only
difference is that the regular employee has a higher rate and has a security of tenure.

Employees in the operation center, during a typhoon in Red Cross for example, there is no need for a n
express approval to render overtime. There is automatic over time because such extension is a necessity
and part of the job.

Who are night workers?

 Any employed person whose work requires performance of a substantial number of hours of
night work which exceeds a specified limit by sec of labor after consulting the employeeds

Coverage: All persons, who shall be employed or permitted or suffered to work at night,

Excluded: those employed in agriculture, stock, raising, fishing, maritime transport and inland
navigation, during a period of not less than seven consecutive hours, including the interval from
midnight to 5 oclock in the morning, to be determined by the Secretary of Labor and
employement after consulting the workers’ representatives/ labor organizations and employers

Amended by: RA 10151: an Act allowing the employment of night workers. IT REPEALS ART 130
and 131 of PD 442 as amended.

It adds and new chapter to book 3 (EMPLOYMENT OF NIGHT WORKERS) of Labor Code 154-161
(added)
 There became a renumbering.

Provisions regarding Woman Employees under RA 10151 shall be discussed under WOMAN
WORKER

Rights of night workers:

1. Free health assessment
2. Right to be transferred to a similar job for which they are fit to work if they are certified to be
unfit for night work due to health reasons
3. Right to safe working conditions for mandatory facilities

Right to pregnant woman against dismissal and dimunaition of benefits, introduction of night workers to
night workers

RA 10151 repeals Art. 130 and Art 131 which prohibits women working at night under the old provision
of the law. The new law prohibits ban against pregnant women and nursing mothers from working at
night. Subject to exceptions.

When may they be allowed to work at night?

 If there is a certification of a competent physician other than the company physician of fitness to
work (in cases of a pregnant woman, the period must be specified that they can work safely at
night)

Compensation: The nature of the night work must be recognized. Subject to night shift differential.

Night shift differential: not less that 10% on his regular wage for each hour of work between 10PM to
6AM

1. If the overtime overlapped night shift differential time, regular wage times 25% (depends on
ordinary day, rest day or regular holiday or special holiday). The product will be multiplied by
10%
2. 30%
3. Rest day which falls on a regular holiday, the basic hourly rate is 160 additional of the regular
compensation= 260%

Addition to 100%

1. Rest day / special holiday = 30% = 130

2. Rest day that falls on special holiday = 50 = 150
3. Regular holiday = 100 = 200
4. Rest day + regular Holiday= 160 = 260
5. 2 regular holiday = 400% of basic wage

12 regular Legal Holidays

Special Holiday

Overtime: 30% of the above

Night shift differential plus 10%

Holiday pay is given because an employee is forced to work

Differential compensation additional compensation on normal days that he should not be working.

If present= entitled

Absent with pay = entitled

Absent without pay =not entitled