How to determine hours worked; A fair day’s wage for a fair day’s labor

Article 84 of the Labor Code of the Philippines provides for the rule on waiting time. This provision of law has been expanded by department orders and secretary opinions. The following are guidelines on how to determine whether time spent by an employee is considered hours worked and, thus, must be paid:

[1] IF-REQUIRED RULE. All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion;

[2] NO-WORK RULE. An employee need not leave the premises of the workplace in order that his rest period shall not be counted, it being enough that he stops working, rests completely and leaves his workplace to go elsewhere, whether within or outside the premises of his workplace;

[3] EMPLOYER'S BENEFIT RULE. If the work performed was necessary or it benefited the employer or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked if the work was with the knowledge of his employer or immediate supervisor; and

[4] NO-FAULT RULE. The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time either if the imminence of the resumption of work requires the employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest.

It bears emphasizing that the employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees.

"A fair day’s wage for a fair day’s labor" still is the fundamental rule in determining the employees’ wages and backwages.