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ARTICLE 83. Normal Hours of Work.

— The normal hours of work of any employee shall not exceed eight (8) hours a day.

Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed
least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week , exclusive of time for meals, ex
exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled t
compensation of at least thirty percent (30%) of their regular wage for work on the sixth day . For purposes of this Article, "health personne
resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians, paramedical technicians, psycholog
attendants and all other hospital or clinic personnel. 

[The second paragraph of Art. 83, does not apply to health workers in government service. They are excluded from the coverage of Arts. 82 through
employment benefits are defined in R.A. No. 7305 (1992), Magna Carta of Public Health Workers.]

Where the contract of employment requires work for more than eight hours at specified wages per day, without providing for a fixed hourly rate or th
wages include overtime pay, said wages cannot be considered as including overtime compensation required under the Eight-Hour Labor Law. The r
employees and laborers to overtime compensation cannot be waived expressly or impliedly. (Manila Terminal Co., Inc. v. Court of Industry Rel

What Article 83 merely provides are: (1) the regular office hour of eight hours a day, five days per week for health personnel, and (2) where the exig
require that health personnel work for six days or forty-eight hours then such health personnel shall be entitled to an additional compensation of at le
of their regular wage for work on the sixth day. (San Juan de Dios Hospital Employees Association - AFW v. NLRC)

ARTICLE 84. Hours Worked. — Hours worked shall include (a) all time during which an employee is required to be on duty
prescribed workplace; and (b) all time during which an employee is suffered or permitted to work .  Rest periods of short duration during work
be counted as hours worked.

The semestral break scheduled is an interruption beyond petitioner's control and it cannot be used "effectively nor gainfully in the employee's interes
semestral break may also be considered as "hours worked." For this, the teachers are paid regular salaries and, for this, they should be entitled to
(University of Pangasinan Faculty Union v. University of Pangasinan)

The correct criterion in determining whether or not sailors are entitled to overtime pay is not whether they were on board and can not leave ship beyo
eight working hours a day, but whether they actually rendered service in excess of said number of hours. (National Shipyards and Steel Corp. v. C
Relations)

When an employer alleges that his employee works less than the normal hours of employment as provided by law, he bears the burden of pr
allegation with clear and satisfactory evidence. If doubts exist between the evidence presented by the employer and the employee, the scales of jus
tilted in favor of the employee. Since it is a time-honored rule that in controversies between a laborer and his master, doubts reasonably arising from
in the interpretation of agreements and writings should be resolved in the formers favor (Prangan v. NLRC)

ARTICLE 85. Meal Periods. — Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every emplo
employees not less than sixty (60) minutes time-off for their regular meals. 

[The Omnibus Rules Implementing the Labor Code allows meal periods to be less than 60 minutes, under specified cases, provided that suc
periods are credited as compensable hours.]

Under the law, the idle time that an employee may spend for resting and during which he may leave the spot or place of work though not the premise
employer, is not counted as working time only where the work is broken or is not continuous.

The determination as to whether work is continuous or not is mainly one of fact which. We shall not review as long as the same is supported by evide
Development Co. v. Court of Industrial Relations,)

ARTICLE 86. Night-Shift Differential. — Every employee shall be paid a night shift differential of not less than ten percent (10%)
wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning.

Santos' allegation of non-payment of this benefit, to which he is by law entitled, is a negative allegation which need not be supported by eviden
essential part of his cause of action. It must be noted that his main cause of action is his illegal dismissal, and the claim for night shift differential
of the protest against such dismissal. Thus, the burden of proving that payment of such benefit has been made rests upon the party who will suffer if
is presented by either party.

Even where the plaintiff must allege non-payment, the general rule is that the burden rests on the defendant to prove payment, rather than on the
non-payment. The debtor has the burden of showing with legal certainty that the obligation has been discharged by payment .For sure, p
cannot adequately prove the fact of non-payment of night shift differentials since the pertinent employee files, payrolls, records, remittances
documents — which will show that private respondent rendered night shift work; the time he rendered services; and, the amounts owed as night shi
are not in his possession but in the custody and absolute control of petitioner.(National Semiconductor (HK) Distribution, Ltd. v. NLRC)
ARTICLE 87. Overtime Work. — Work may be performed beyond eight (8) hours a day provided that the employee is paid for
work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof . Work performed beyond
a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least
(30%) thereof.

Regular wage It means regular basic pay and necessarily excludes money received in different concepts such as Christmas bonus and other fringe ben
Manggagawa ng Philippine Refining Co., Inc. v. Philippine Refining Co., Inc)

The fact that one’s salary is higher than the minimum wage does not in any way offset the other benefits that are due to the employees, in the absenc
to the contrary. To consider the overtime pay of the respondent included in his monthly salary would be in contravention of the rule against non-dimi
benefits and a violation of the Labor Code since it prescribes a certain manner on how overtime pay is included. (PESALA) v. NLRC

 Overtime work consists of hours worked on a given day in excess of the applicable work period, which here is eight (8) hours. It is not enough that t
fall on disagreeable or inconvenient hours. In order that work may be considered as overtime work, the hours worked must be in excess of and in add
(8) hours worked during the prescribed daily work period, or the forty (40) hours worked during the regular work week Monday thru Friday. (Caltex
Employees at Manila Office v. Caltex (Philippines), Inc)

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