Employer's power to change working hours

Employers have the freedom and prerogative, according to their discretion and best judgment, to regulate and control the time when workers should report for work and perform their respective functions. However, this power must not be exercised in bad faith.

Sime Darby Pilipinas, Inc. v. NLRC: The exercise of this prerogative is best exemplified in this case where it was held that management retains the prerogative to change the working hours of its employees whenever exigencies of the service so require.

Manila Jockey Club Employees Labor Union – PTGWO, v. Manila Jockey Club, Inc.: The validity of the exercise of the same prerogative to change the working hours was likewise confirmed by the Supreme Court in this case.
It was found that while Section 1, Article IV of the CBA provides for a 7-hour work schedule from 9:00 a.m. to 12:00 noon and from 1:00 p.m. to 5:00 p.m. from Mondays to Saturdays, Section 2, Article XI thereof expressly reserves to respondent the prerogative to change existing methods or facilities and to change the schedules of work. Consequently, the hours of work of regular monthly-paid employees were changed from the original 9:00 a.m. to 5:00 p.m.schedule to 1:00 p.m. to 8:00 p.m. when horse races are held, that is, every Tuesday and Thursday. The 9:00 a.m. to 5:00 p.m. schedule for non-race days was, however, retained. Respondent, as employer, cited the change in the program of horse races as reason for the adjustment of the work schedule. It rationalized that when the CBA was signed, the horse races started at 10:00 a.m. When the races were moved to 2:00 p.m. , there was no other choice for management but to change the work schedule as there was no work to be done in the morning. Evidently, the adjustment in the work schedule is justified.

Popular Posts