Normal Hours of Work

The normal hours of work under the Labor Code is 8 hours in one work day. Work day is understood to mean one 24-hour cycle which starts from the time the employee is engaged to work and ends on the same time the following day. For example, if the employee is engaged to work from 8:00am to 5:00pm, his work day is the 24-hour cycle that starts from 8:00am and ends at 8:00am of the following day.

The employer is free to adopt what time in a day the work shall start as long as the total number of hours worked will not exceed 8 hours. If the number of hours worked exceed 8 hours, the employee must be paid overtime pay for the excess. How to compute overtime pay?

Hours worked definition

Hours worked refers to all compensable period of work. Hours work includes:

  1. All the time during which an employee is required to be on duty or to be at a prescribed workplace; and
  2. All the time during which an employee is suffered or permitted to work.

Meal periods

The employer must give his employees not less than 60 minutes or one hour time-off for their meals. This period in noncompensable, which means that it is not to be included in the computation of hour’s worked. For example, if an employee’s work is from 8:00am to 5:00 with one hour meal break from 12:00nn to 1:00pm, the total compensable hours of the employee is 8 hours, i.e., from 8:00am – 12:00nn and 1:00pm – 5:pm. The period from 12:00nn to 1:00pm is noncompensable.

Shortened meal periods

Under exceptional circumstances, the employer may give the employee a meal period of not less than 20 minutes, provided that such shorter meal period is credited as compensable hours worked of the employee.

Shortened meal period may be allowed under the following cases:

  1. Where the work is non-manual work in nature or does not involve strenuous physical exertion;
  2. Where the establishment regularly operates not less than 16 hours a day;
  3. In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss; and
  4. Where the work is necessary to prevent serious loss of perishable goods.

Rest periods

The employer may give their employees rest periods or coffee breaks during working hours in order to beef them up or to make them more productive. Unlike meal periods, rest periods running from 5 to 20 minutes is compensable as hours worked. Rest period running for more that 20 minutes may or may not be compensable depending on the situation. See letter (b) under Principles in determining hours worked.

The giving of rest period, however, is not required under the Labor Code, and is largely a management prerogative.

Principles in determining hours worked

The following general principles may be used to determine whether the time spent by an employee is considered hours worked or not:

  1. All hours are hours worked which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.
  2. An employee need not leave the premises of the work place in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his work place, to go elsewhere, whether within or outside the premises of his work place.
  3. 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.
  4. 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.

Waiting time

Waiting time spent by an employee shall be considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait.

On call duty

An employee who is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. The employee must be required to leave a word where he may be reached. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call.

Lectures, meetings, training programs

Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as working time if all of the following conditions are met:

  1. Attendance is outside of the employee’s regular working hours;
  2. Attendance is in fact voluntary; and
  3. The employee does not perform any productive work during such attendance.

References

  1. Chapter 1, Title I, Book Three, Labor Code of the Philippines (Article 82 to 85)
  2. Rule I, Book Three, Omnibus Rules Implementing the Labor Code.

Last Edited: Friday, August 19, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
basic pay, coffee breaks, compensation, hours of work, hours worked, meal period, salary, wages
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140 comments

  1. i’d like to verify what is the denominator in determining a daily rate or hourly rate if you’re a per month basis. Is it 22 days or 30 days.
    Thank you.

    [Reply]

    Ted Ferrolino Reply:

    It depends on whether you are a “monthly paid employee” or a “daily-paid employee paid on a monthly basis”.
    If you are a monthly paid employee, you can compute your daily rate using the following formula:
    daily rate = (monthly rate x 365)/12; or
    daily rate = (monthly rate)/30.41667
    If you are a daily-paid employee, the formula depends on your work schedule. For example, if your work is only five days a week, you can compute your daily rate as follows:
    daily rate = (monthly rate x 262)/12
    daily rate = (monthly rate)/21.83333
    If 6 days a week:
    daily rate = (monthly rate x 314)/12
    If everyday:
    daily rate = (monthly rate x 392.5)/12

    [Reply]

    Jojo De Guzman Reply:

    Hi,

    Where can I find basis for this? Is it in any of the DOLE or BIR websites?

    Thanks!

    Ted Ferrolino Reply:
    April 29th, 2010 at 1:57 am

    It depends on whether you are a “monthly paid employee” or a “daily-paid employee paid on a monthly basis”.
    If you are a monthly paid employee, you can compute your daily rate using the following formula:
    daily rate = (monthly rate x 365)/12; or
    daily rate = (monthly rate)/30.41667
    If you are a daily-paid employee, the formula depends on your work schedule. For example, if your work is only five days a week, you can compute your daily rate as follows:
    daily rate = (monthly rate x 262)/12
    daily rate = (monthly rate)/21.83333
    If 6 days a week:
    daily rate = (monthly rate x 314)/12
    If everyday:
    daily rate = (monthly rate x 392.5)/12

    [Reply]

    chona Reply:

    In computing the daily rate of a monthly-paid employee, the factor is NOT 365 days. It depends on the regular workweek schedule of the company.

    If the workweek schedule is 48-hour workweek, use 314.
    If the workweek schedule is 40-hour workweek, use 262.

    Remember, monthly-paid employees are not paid on the their restdays (~51 restdays/year).Therefore,
    IF it is a 6-day/48-hour workweek, then paid working days/year is = 365-51=314. Use the314-factor. To get the daily rate:
    monthly rate x 12 / 314 = ________

    IF it is a 5-day/40-hour workweek, the paid working days/year is 262. Use the 262-factor. To get the daily rate:
    monthly rate x 12 / 262 = ________

    [Reply]

    Ted Ferrolino Reply:

    I beg to disagree that “In computing the daily rate of a monthly-paid employee, the factor is NOT 365 days.” The 365 days divisor is in fact used for “monthly-paid employees” whose monthly salary includes payment of everyday of the month including unworked rest days, holidays, and special days.

    Also, I believe it is not accurate to say that “monthly-paid employees are not paid on the their restdays”. The decision on whether or not to pay the employee for unworked rest days (although not obliged by law) is for the management to make.

    [Reply]

    anna Reply:

    i think the confusion often lies in the definition/understanding of “monthly-paid employee”. for example: we hired a secretary. in her employment contract, we indicated her MONTHLY salary to be P15,000.00. she is required to work from monday to saturday. if she is absent in any of these days (assuming she has no leave credits), she gets a corresponding deduction. if she is absent on any of the REGULAR/LEGAL holidays, she does not get any deduction. if she works on any of these legal holidays, she gets a holiday pay. one problem that we faced was her pay on SPECIAL holidays. she did not go to work on a particular special holiday thinking that she will not be deducted under the presumption of the definition of monthly-paid employees: they are paid for unworked rest days, holidays AND SPECIAL DAYS. we still deducted from her salary equivalent to her daily rate (which is also an issue with us regarding the divisor to be used). DOLE said that NO WORK, NO PAY applies to special holidays. DOLE never said that this rule applies only to a certain type of employee. is the secretary a “monthly-paid” employee just because in her employment contract it states that she gets P15,000 per month? or is she a daily-paid employee whose rate is EXPRESSED in months (she is paid semi-monthly)? can we legally use 365 as the divisor to arrive at her daily rate? kindly enlighten us. thanks.

    JAP Reply:

    hi all,
    you are all right,except in that part where Management and employee must define and agree before they enter into the employment relationship how to define the status of the employee in terms of pay– daily or monthly. Daily is fairly straightforward. Monthly pay is much more complicated as you have to define what days are considered paid, how to treat holidays and special days, if rest days are indeed paid whether worked or not, etc. thus, there are different divisors for the year– 372, 365, 266, etc.

    [Reply]

    Kirk Quintos Reply:

    Her question is really well thought of. I would want to read the answer to this as well. I am not sure why the divisor should be different for each scenario. it just proves our labor code is old and can barely take care of the people’s needs. why don’t we just base it on an hourly rate like other countries and stop confusing people by asking them to compute using different annual total work day divisors? there are a lot of loopholes that these companies are taking advantage of. just like in our company, the don’t pay regular holidays when it’s your rest day. and they will make sure it will be your rest day during a regular holiday so they don’t have to pay you. why should we compute using annual numbers, when the contract we signed states monthly salary? monthly salary should have a universal divisor of 22 or 21 days per month. then from there we have a standard way to compute hourly rates. that is just fair in my belief.

    [Reply]

    Mervin Balog Reply:

    Hi. Just wanna ask if your section in the office is working everyday is it considered as shift schedule?

    [Reply]

  2. marianne m. gullemas Comment:
    June 17th, 2010 at 10:38 am

    sir,

    good day! where can i possibly find your reply to ms angelina in the labor code or where are they legally stated?

    thank you in advance,
    ianne

    [Reply]

    Ted Ferrolino Reply:

    Please refer to the Manual on Labor Standards.

    [Reply]

  3. how is late being deducted or computed

    for example you are late for work for about 1 minute. The time in required is 7 am to 5pm. Then you came in 7:01. After 5pm you worked overtime until 8pm.

    Where does the time keeper deduct the late minute?

    [Reply]

    Ted Ferrolino Reply:

    Late and absences are deductible from the salary. The manner by which it is deducted, however, may vary from one company to another. One method is to accumulate all the minute-late for the month and multiply it to the employee’s hourly rate in order to arrive at the deductible amount.

    [Reply]

  4. my work schedule is 5 days a week, 8:00am – 6:36pm. If I’ll have my unpaid 1 hr. lunch for only 30 mins., I can leave the office at 6:06pm. otherwise It’ll be under time. our HR manager said that it is legal because we have 48 hrs of work per week with 2 days off. It seems to me that this is too long for working hours. Is my working hours schedule still legal?

    [Reply]

    Ted Ferrolino Reply:

    The normal work hours is 8 hours in a day. If the work is beyond 8 hours, the employee is entitled to overtime pay for the excess number of hours or minutes.
    The exception is when the company is using a compressed work week scheme, in which case, work beyond eight hours will not be compensable by overtime pay provided the total number of hours worked per day does not exceeds 12 hours, or 48 hours per week. (Note: Express agreement by employee is required prior to adoption of compressed work week scheme.)
    As to meal period, the employer is required to give a minimum of 1 hour meal period per day. If less than one hour, the period should be compensated as hours worked.

    [Reply]

    nina Reply:

    I would like to ask how is daily rate being computed on a compressed workweek scheme, particularly if the employee would be deducted for a leave without pay.

    thanks

    [Reply]

    Juan Reply:

    A question.

    In the normal work scheme: 8 hours x 5 days = 40 hours per week. The meal break is not included. Thus, any work rendered beyond 40 hours is considered overtime, right?

    If that is the case then in a compressed work week scheme, it should be either:
    a) 10 hours x 4 days = 40 hours per week (with 2 non-compensated meal breaks of an hour each); or
    b) 11 hours x 4 days = 44 hours per week (with 1 non-compensated meal break of an hour)

    But sir, you mentioned that overtime pay is provided only if it exceeds 48 hours per week, won’t that mean that:
    12 hours x 4 days = 48 hours per week?
    As such it would mean that the worker have to complete 12 hours of work, as I understood from your other articles as to what “work rendered” means.

    If the meal breaks are not paid, then there is only either a) 10 hours; or b) 11 hours, depending on if the employer gives their employees 1x 1-hr meal break or 2x 2-hr meal break.

    And if it’s 48 hours per week, then that would mean we have to render 12 hours of work plus 1 hour non-paid meal break. Meaning, we should be at the office for 13 hours not 12 hours.

    Did I understand it correctly or I missed something? I am coming from experience and my friends and relatives who are also working in a company following the compressed work week scheme of 12-hours office stay 4 days a week, with 1x 1-hr meal break (it’s rare to see 2x 1-hr meal break these days).

    [Reply]

    Ted Ferrolino Reply:

    Hi Juan!
    The 48 hours per week applies to companies with normal workweek scheme of 8-hour work per day with one-hour non-compensable meal period, and 6-day work per week with one rest day. If a company having this workweek scheme decides to adopt a CWW scheme, the same 48 hours per week work may be maintained by increasing the number of hours per day and decreasing the number of days per week.

    For companies with 40-hour per week work scheme, the weekly 40-hour work may be maintained in the same manner by increasing the number of hours per day and decreasing the number of days per week.

    I don’t really think I understand you when you said “If the meal breaks are not paid, then there is only either a) 10 hours; or b) 11 hours, depending on if the employer gives their employees 1x 1-hr meal break or 2x 2-hr meal break”.

    The law allows up to 12 hours of compensable work per day and 48 hours of work per week. Only the work in excess of 12 hours in a day, or 48 hours in a week, is deemed overtime work. The one-hour meal period is not counted as compensable work, hence not subject to overtime pay. Note, however, that this computation applies only to companies with 48-hour normal WW scheme, and not to companies using 40-hour scheme.

  5. is it legal for a manufacturing company to require their employees to work from 8:30am to 6:00pm? i think this is already beyond the 8-hr workday plus 1-hr lunch break. what are possible legal reasons can the employer cite for requiring employees to have a total of 9.5hrs a day? workweek is from mon-fri. thank you

    [Reply]

    Ted Ferrolino Reply:

    An employee may be required to render overtime work (beyond 8-hours in a day) provided he is paid overtime pay. However, the employee may not be compelled to render overtime work against his will except under the instances enumerated under Article 89 of the Labor Code.

    [Reply]

  6. im a waiter at NOBU bar & grill at bluewave near Mall Of Asia.
    i worked more than 12hrs a day.. and meal time is always beyond 2pm for lunch and beyong 11pm for dinner. :( is this right? i want justice for this..

    [Reply]

    Ted Ferrolino Reply:

    Hours of work should not exceed 8 hours in a day. If the employee is made to work beyond 8-hours, he should be paid for the overtime work an additional compensation equivalent to his regular wage plus 25%.

    [Reply]

  7. mariah francia Comment:
    January 21st, 2011 at 06:52 pm

    Sir TED,

    i would like to comment on your answer to Angelina’s question. PLease check if the formula should be

    (Monthly rate / 365) x 12 = DAILY RATE

    though, i still believe that this site is very informative.

    thanks

    [Reply]

    Ted Ferrolino Reply:

    For daily paid employees, the denominator is not always 365. The denominator may vary depending on the number of days worked in a week. Please refer to DOLE’s Manual on Labor Standards for more information.

    [Reply]

  8. Tess Panugalinog Comment:
    February 2nd, 2011 at 11:14 pm

    Hi All,

    I would like to ask, what is the overtime policy of compressed work schedule, they are working 12 hours a day, in a week they normally worked 3 days equivalent to 36 hours. For normal schedule , they are required to work 5 days in a week normally 40 hours total in a week. What if the first week (for compressed sched) the employee worked 3 days /12 hours a total of 36 hours, the following week the employee worked 4 days/12 hrs a day a total of 42 hours, how many hours is his overtime?

    Please help me…

    [Reply]

    Ted Ferrolino Reply:

    In compressed work week scheme, only work performed beyond 12 hours a day or 48 hours a week shall be subject to overtime premium.

    [Reply]

  9. Is there a break time in overtime? let say the regular time is 8:00am-5:00pm and she or he render an overtime 5:00pm to 10:00pm do i need to computer her overtime starting to 5:00pm

    [Reply]

    Ted Ferrolino Reply:

    Employees may be given rest periods or coffee breaks of 5 to 20 minutes to beef them up. It is however is considered compensable.

    [Reply]

  10. is meal period not really included in the normal hours of work for a private school teacher?
    does it mean that a teacher should be in the school for 9 hours a day? Monday to Friday, regardless of how he/she spends his/her meal period?
    or is there a provision in the law exclusively for the private school teachers in computing the number of hours of work per day?

    [Reply]

    Ted Ferrolino Reply:

    Meal period of not less than sixty minutes is not considered as “teaching hour”. It is non-compensable. If less than 60 minutes, it is compensable.

    [Reply]

  11. Okay, so I’m currently working as a receptionist/secretary/a nurse type job at a private clinic. I get paid every 15th and the end of each month. My working hours are from 9am to 8pm Mondays to Fridays and my employer just said that I’ll have to work Saturdays too 9am – 8pm but his not going to give me a raise because I have a fixed salary a month of 6000 (so, I get 3000 on the 15th and another 3000 at the end of the month). Now, my question is.. does this law apply to any type of business? even private clinics? Because I swear I’m earning less than I should be getting, and I’m working 55hours out of 120hours in 5days. Surely, my employer is ripping me off for working over 8hours everyday without getting any overtime pay.

    Can you kindly reply to me please. Thank you for your help

    [Reply]

    Ted Ferrolino Reply:

    Your employer is definitely covered. The provisions on working condition under the labor code applies to employees in all establishments and undertakings, whether for profit or not, except government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, and few others.
    You may file a complaint with, or report the violation (violation of minimum wages law, non-payment of overtime pay, etc.) to, the Department of Labor and Employment.

    [Reply]

    Jan Reply:

    My employer just told me that the labor law doesn’t apply to his clinic because there are nurses out there apparently who’d wanna have a job like that. I think his telling a load of bullcrap. And is taking advantage of me working to many hours. I don’t even have a job description but he makes me pay his bills and go to places and doesn’t pay for my expenses. I don’t even have a definite time of break. He sometimes even asks me to do some work whilst I’m eating my break. This is a definite case right? Thank you again for your response. Very muchly appreciated. :)

    [Reply]

  12. Hi my regular working time is 8 hours starting 8 am to 5 pm from Monday to Saturday. There come a time that have to work overnight depending on urgency of a project I handle. Pls advice how to compute my overtime if I worked 8am to 5am of saturday/sunday and i also worked 7am to 6am of sunday/monday? continuous days but have 2 hrs gap. I have 1 hour break in the afternoon from 12nn to 1pm and I also have break time from 12mn to 1am.

    [Reply]

  13. Alex Sanchez Comment:
    June 15th, 2011 at 09:27 am

    is there coffee breaks during overtime?

    [Reply]

  14. Greetings…my working hours is from 8 am to 6 pm. basically i’m working 8 hours plus the 1 hour overtime. but our company passed a memorandum stating that i will be having 2 hours of break time. 30 mins in the morning 1 hour for lunchtime and another 30 mins in the afternoon..so there’s no longer overtime pay.. is this legal or not?

    [Reply]

  15. How to compute my daily rate if my monthly basic salary is 9000? I am hired as a daily rate employee, no work no pay.

    The company compute it as 9000/22days. So If my monthly salary is 9000 divided by 22 days, my daily rate is 409.09 fix. If I worked for only 21 days my salary is only 8,590..

    It is right? if not, how will i know what is my daily rate if given the said monthly hiring rate?

    [Reply]

  16. we have 6 working days in a week. Is it normal? or i mean, legal in labor law?

    [Reply]

    Ted Ferrolino Reply:

    Yes. It is normal and legal. The Labor Code requires one rest day in a week, or after six consecutive normal work days. Read Article 91.

    [Reply]

    Janice Reply:

    Hi Ted –

    when you said, The Labor Code requires one rest day in a week, or after six consecutive normal work days, did you mean 2 rest days? please clarify? thanks!

    [Reply]

  17. i worked with CWW schedule 12hours/day x 4 days and 4 days off, how can i compute my rate on regular holidays and on my rest days overtime. Also, am i entitled of a holiday pay for holidays which falls on my rest days?

    [Reply]

  18. what is the minimum time that an overtime can be filed? does 30 minutes of extended work can be filed for overtime already?

    [Reply]

  19. Hi, if i come to work on a legal holiday, say – 8am to 5pm, do i get paid for 8 or 9 hours? Is the breaktime of 1 hour compensable or not during overtime work done on a holiday?

    [Reply]

  20. What if the company’s wage is previously computed on a daily rate/bais including saturday, thereafter, changes its mode of payment to monthly, and limited the work to 5 days only, excluding saturday,what then will be the basis of computing their pay since the work hour is limited only to 5 days? If the payment diminishes considering the changes, is there any violation on the part of the company?

    [Reply]

  21. Aside from not getting paid, is it legal for a company to penalize an employee 1000php/absence?

    [Reply]

  22. hi, we have 3 breaks. One 30 min unpaid and 2 15 mins paid break. I am weary on why we only have a 30 min lunch. I have asked this but wasnt really given a definite answer. I work at a call center. All of the accounts they handle provided the 1 hour lunch break except for the account where I am in. I am thinking of reporting them already but I want to make sure first if I have grounds…thanks

    [Reply]

  23. medette ramos Comment:
    April 17th, 2012 at 09:28 am

    hi! i would like to inquire about this situation, my worked is 8am to 5pm… last april 4, 2012 i worked from 8am to 6:30am the following day which falls on a regular holiday pay.. is the 12:01am to 6:30am a double pay? or regular overtime plus night f=differential only? and is it a company prerogative to deduct 1 hour of your overtime if falls from 5pm to 12am? and another one hour from 12:01 to 6am? for the reason of breaktime? thanks

    [Reply]

    Ted Ferrolino Reply:

    “[I]s the 12:01am to 6:30am a double pay?” Since your workday regularly starts at 8am, only your work from 8am on April 5 is subject to holiday pay. Your work from 12:01am to 6:30am is considered a continuation of your work on the previous day (April 4). Although, you may want check your company policy on overtime pay, as different companies may have different policies in computing overtime pay. There’s really no standard here.
    Is it a company prerogative to deduct 1 hour of your overtime if falls from 5pm to 12am? The employee may be given meal period of not less than 60 minutes for regular meals. It is considered non-compensable. However, if it is less that 60 minutes, it is compensable. Also, rest periods of short duration during working hours is counted as hours worked.

    [Reply]

  24. hi i just want to ask , how many hours in a week i need to work base on d labor code here in the phil. for example monday 8 hrs so till friday will be 40hrs. is 40 hrs the required hrs in a week, or 48 hrs? u can send ur answer in my email

    thank you so much

    [Reply]

    Ted Ferrolino Reply:

    In the Philippines, the normal work week is 6 days. So, that’s 48 hours per week. The employee is entitled to a rest day after 6 consecutive days of work. If the employee is made to work on his rest day, he is entitled to a rest day pay equivalent to 130% of his regular wages.

    [Reply]

  25. we are into compressed working schedule from 8:00am to 6:30pm. my question is, how are we going to compute the salary of daily paid employees? our computation for monthly paid is 313/12 and for daily is 310/12. is it right that we used this formula: daily rate x 5days? how about the 1.30 hours? do we have to pay them overtime or we can compute it as daily paid x 6 days?

    [Reply]

  26. Liz Arguel Comment:
    May 23rd, 2012 at 06:07 pm

    hi i have a friend who’s working in an operation company here in the Philippines. their company wants to implement a 7am-7pm work schedule straight work. then one week off. it will not be treated as overtime. is this legal?

    [Reply]

  27. Hi! I want to know how many hours is the exact rest time before going in for another shift?
    For example: My duty is from 4am-1pm Monday and I will be having another shift form 12am-9am Tuesday, so having only 12 hours of rest instead of 15 hours, is this right?

    [Reply]

  28. Hi! I just want to know if it’s legal for an Engineering Company to implement a 45hour/week schedule? We’re required to work 10hours/day including breaks while the law requires only 8hours/day excluding breaks. When we asked our employer, they gave us a copy of labor code re compressed workweek scheme. Of all of the employers (I had 4) I’ve worked with, this is the first time I’m required to work 10hours/day. So I want to know if this is ok. Thanks

    [Reply]

    admin Reply:

    Yes. A compressed work week scheme is valid as long as the hours worked does not exceed 12 hours in a day, and 48 hours in a week. Work performed beyond that should be paid overtime pay.

    [Reply]

    hazel Reply:

    This issue is the same with us, we worked 8.5 from Mon-Thursday and only 8 hours for Friday = 42 hours only. The computation of our salary is 446*258/12=9,589 only. is this the right computation? 258 days lang po ba talaga? di po ba 310days?

    [Reply]

  29. hi! gud pm..i just wan to ask. i am working in a private company, thus we are in the company premise and schedule for work is from 8am-6pm but we do only get for about 8hrs compensation. We have a break for meal time(2 hrs)but never been utilize. I am also a monthly paid base employee. I just want to know if it is ok.

    [Reply]

    michiko Reply:

    Hi there!
    In my contract is says that I have to render 8 hours of work. i have a flexi-time so I go in anytime I want and leave after rendering 8 hours. I am a solo parent too so I am entitled to 8 hours of work only with a flexible schedule. I was surprised when I was deducted in my salary because I did not consume 9 hours at work. The HR told me that it is mandatory to consume my 1hour break but I told her I don’t use it or only use at the most 30 min plus the 30 min (inclusive of the 8 hour work period). So I was deducted whereas I worked 8 hours per day. I want to know if it is true that it is mandatory to consume the 1-hour break. I don’t use it so I can go home early and tend to my son. I need your advice so I would know my rights as an employee and as a solo parent.

    [Reply]

    Aiko Reply:

    Hi Michiko,

    The other side of employee’s rights when you decide to join an organization would be the company policy and satisfying the business need, which is the reason why you were hired for the job. The flexi schedule is not a default arrangement nor are the arrangements for a solo parent, as this is technically an FWA scheme for employees requesting for it. The 8 hours of work stipulated by labor code is appended to a 1-hour non-compensable lunch break. I think if you requested properly from your manager and HR for this arrangement that you be allowed to take your break at the end of your shift and it was approved then there will be no problems. Else just like how any employee does it, you are covered by a default of 1 hour break in the middle of an 8-hour work.

    [Reply]

  30. Hi, my question is how much is the computation of our monthly salary with this details.

    Working hours
    Mon-Thursday = 8.5 hours,Fridays for 8 hours only.
    Daily Rate is 446.
    Please note that: No OT for .5 every Mon-Thursday.
    Before Mon-Saturdays, but because of the compressed work, naging Mon-Fri nalang.

    The agency computes our monthly salary as: 446×258/12=9,589 monthly salary. Tama po ba yung computation nila. Yung 258 days di ba po for 5 day lang yun and ang dapat is 310 days?

    [Reply]

  31. Hi. In ROHQ company, what is the accurate factor days if they are in a monthly basis rates? they should use 262days? please

    [Reply]

  32. Tester user Comment:
    July 18th, 2012 at 10:12 pm

    Hi,
    I work in a multi-national company with an an 8am-6pm working time from Mon-Fri. We have (2)15mins short breaks and (1) 1hr lunch. My questions are as follows:
    1. Is the 48hrs of work in a week a mandatory or at least required by law?
    2. Based on discussions above,8am-12 (4hrs) & 1pm-5pm (4hrs) which gives 8hrs total working hrs excluding the 1hr unpaid lunch. What confuses me is the dual standard that can be implemented by company like to complete the 48hrs working hrs in a week or report 6 days starting from 8am-5pm. If the answer to question 1 is yes then I rest my case.
    3. Some companies have 8am-5pm working time and Mon-Fri work (not minding the 48hrs OR maybe considering the lunch as productive period),why not implement this for all companies?

    [Reply]

  33. hi, can I ask if there are standard rates for allowances for oncall duties?

    [Reply]

  34. hi. for bpo companies, the interval before “coffee breaks” could sometimes be 4 hours and we are required to adhere to these break schedules. is there a provision against this? or is this acceptable and decision solely depends on the employers
    ?– thanks

    [Reply]

  35. hi. what is the equivalent days (monthly and annual) if my work schedule is 5.5 days/week. our HR said that it is also equivalent to 24days/month or 288/year. is it correct? thanks.

    [Reply]

  36. if i worked six days a week how many hours should i work in 1 day? because my schedule is 2pm-11pm but i worked 6 days a week. tnx

    [Reply]

  37. hi!
    my question is, our company lets us work on rest day from 6am to 2 pm equivalent to 8 hrs. The HR deducts the 1 hr meal break that makes it only 7 hours. is it legal not to include the 1 hr break to the number of working hours. thank you.

    [Reply]

  38. Hello.

    I work in a manufaturing company with 7:00am – 4:00pm of work. My question is, is it okay to have 15 mins break in the morning and afternoon (9:00am – 9:15am and 2:00pm – 2:15pm), and a meal period of 30 minutes (11:00am – 11:30am)?. As i have read, the meal period should not be less than an hour, should we take off the break periods of 15 mins in the morning and afternoon? or not because it is also equivalent to 1 hour of meal period?..

    And another question, how can we know if we are required to be a daily paid or monthly paid employee? or who would decide?, for example, a contractual employee with a position of a plant worker, should they be paid daily?, and a contractual employee with a position as management staff?, should they be paid daily too?..

    [Reply]

  39. Good day,
    May i ask our company right now is practicing 8 hrs/day and 5 days work/weak for almost a year now without a company policy in placed but they said we are being paid on 48 hrs/week, is it legal?

    [Reply]

  40. hi just wanna ask if i w0rk 6 days a week, sh0uld my restday 1 be paid or n0t? Cn u pls refer me to article of lab0r code, pls. Help. Our empl0yer is gving us an increase but starting n0w to deduct our paid restday. H0ping f0r y0ur immediate resp0nse. Thank u .

    [Reply]

  41. hi just wanna ask if i w0rk 6 days a week, sh0uld my restday 1 be paid or n0t? Cn u pls refer me to article of lab0r code, pls. Help. Our empl0yer is gving us an increase but starting n0w to deduct our paid restday. H0ping f0r y0ur immediate resp0nse. Thank u . -jen

    [Reply]

  42. Would like to ask if travel time during weekend (Saturday or Sunday while on Official Business) is subject to compensation or not?

    Thank you

    [Reply]

  43. Hi,

    As supervisor am I required to do 8-hr. work? Is my lunch break paid? Thanks.

    [Reply]

  44. Hi,
    i wanna ask if, offsetting your restday legal??

    here’s the situation, i have no fixed rest days? they move it whenever they want. sometimes i only have 1 rest day a week and they dont pay me 130% when i work on the day of my rest day. the problem here i cant use my dayoff and cant take part-time job. in short my right to maximize my time is violated. did my company violated any law. doing this?

    [Reply]

  45. Hi,

    As a supervisor, we are already part of managerial staff, We don’t have OT. Are we still required to complete the 48 hours a week same with the regular employee?

    [Reply]

  46. Follow up in my previous comment. Our company is in compress schedule and needs to complete 48 hours a week. As a supervisor, Are we required also to complete 48 hours since we are already part of managerial staff.

    [Reply]

  47. Janelyn Fernandez Beltran Comment:
    December 7th, 2012 at 12:12 pm

    By Labor Code, are maternity leaves to be deducted on the 13th month pay computation?

    [Reply]

  48. Good Day!

    I am a contractual employee of a certain hospital here in mindanao. I am paid per duty. 286PHP per duty (8hours). My problem is, actually, most of the “relievers” or contractuals problem is that we’re forced sometimes to do 16hours of duty.

    example, duty ako ng 3-11 shift, tapos dapat 11pm, papauwi na ako. most of the time, maraming regular staff ang mag.lileave. nahihirapan ang head nurse namin na humanap pa ng mga ibang nurse which results to me doing the extension work. meaning, ako rin yung mag duduty for 11-7 shift.

    according to our labor code, dapat overtime duty na yung another 8 hours. pero sabi ng bosses namin, kasi contractual lang kami, hindi kami makakapag file ng overtime.

    IS THIS TRUE?? PLEASE. PLEASE. ENLIGHTEN me on this.

    SALAMAT ng MARAMI sa magrereply.
    GOD BLESS!

    [Reply]

  49. Edgar Corpuz Comment:
    December 14th, 2012 at 02:19 am

    Hi Ted,

    I’m quite confused from all the topics and answers from the “13th month computations.

    Im currently working in a BPO company and been with this company more than a year now, thats why Im expecting to get the full 1/12 month salary for this company. I have a basic monthly salary of 17k on which I believe is what you call “fixed wage/regular wage”? Does it mean that if Im earning different figures each pay 2x each month since we are paid bi~weekly means it aint considered regular/fixed wage thus need to be computed pro~ratedly? Is there such law as pro rated 13th month?

    e.g. jan~ 7.5k & 7k
    feb~ 6.8k & 8k
    mar~ 8k & 7.3k
    apr~ 7k & 6.8k
    may~ 6.7k & 7k
    jun~ 7.3k & 8k
    jul~ 6.9k & 7.3k
    aug~ 7.7k & 9k
    sep~ 8.1k & 6.9k
    oct~ 9k & 7.4k
    nov~ 8k & 6.9k
    dec~ 7.3k & 5.8k

    is it total of these figures /12 =13th month?
    * each salary indicated is the actual pay i got each month inclusive of deductions.

    [Reply]

  50. Lanne Manuel Comment:
    December 17th, 2012 at 06:23 pm

    good day! i would just like to ask a few questions.
    im a private school teacher

    1st. our administrator requires us to work on dec 19,20,21 and 24 and on january 3, 2013. she announced it just today, dec. 17. our vacation starts at dec 18. is that really possible? i mean she announced it on such a short notice. i mean, we are not regular office employees who can take her rest only on legal holidays.

    2nd our administrators salary is so high. we could not believe that in just a few years of service she gets 20,000. and she is so overcompensated. our rules in the school constantly changes because of her. her statements sometimes do not match to benefit her. and she is rarely seen in school. is there a computation for administrators salary? she is not even or related to the owner.

    [Reply]

  51. ERWIN CABIGAO Comment:
    January 4th, 2013 at 08:03 am

    im a teacher here in a public school in bulacan, our official time is 8 hrs and 30 minutes, is it allowed by law of the philippines knowing that teachers can take their lunch during making their lesson etc… please give me a legal basis for this…

    [Reply]

  52. ERWIN CABIGAO Comment:
    January 4th, 2013 at 08:09 am

    teacher po ako dito sa bulakan sa isang public school… nais ko lang po itang kung kasama ang teacher sa 1 hr non-compesable hour ng labor code? di ba pwedeng 8 hrs lang kasama na ang lunch break ng teacher kasi pwede naman kaming lunch habang gumagawa ng mga gawing pang teacher gaya ng lesson planning, recording at iba pa… saka pwede naman kaming kumain ng less 10minutes lalo na kapag sunod sunod ang klase namin…

    [Reply]

  53. Leandro Flores Comment:
    January 30th, 2013 at 08:21 pm

    Hi,,,10 years n po ako s isang rent a car company,, bilang driver,, 9 hrs a day po ang schedule ko ,6 days a week,,,,pero 8 hrs Lang ang binabyaran skin. …Tamar po ba iiyon.?

    [Reply]

  54. Is there a law that can protect nurses to have time to have meal breaks? like an hour or something because in our hospital most of the time we dont have time to eat, and if we do, our supervisor always complains that we shoulndt take to long, and is there a law to protect Nurses to protect them in handling to many patients.?like 2 nurses in 50 patients and some of them are in ALMOST ICU condition or requires close monitoring. because our chief nurse doesnt do anything when we complain that theres to many patients and to few of us.

    [Reply]

  55. I being work for 5 days a week 9.5 hrs a day. my monthly rate is 17k how will i compute my hourly rate. My company compute it by 17k/26/8 is this correct?, because i wondering im not getting the 17k a month.

    [Reply]

  56. gud day.! just wanna ask kc sa company namin e kulang yung sahod nmin.? kun baga underpayment kami la sa standard na na rate yung company nag pasahod sa amin lahat employee..? thnx

    [Reply]

    admin Reply:

    Mayroon pong minimum wage na pinapatupad sa bawat region. Maaring ireklamo sa DOLE ang sinumang employer na hindi sumusunod dito, maliban nalang kung may exemption siya.

    [Reply]

  57. Hi po. I am working in a real estate company. Our work hours used to be 9AM to 6PM Monday to Friday and 9AM to 12NN Saturday. Pero just very recently, our manager informed us that our work hours will now start at 8.30 AM to 6PM Mon to Fri and 8.30AM to 12NN Saturday. Okay lang po ba na i.extend nila ang work hours namin?

    Thank you.

    [Reply]

  58. jc de belen Comment:
    April 1st, 2013 at 01:47 pm

    Hi po. I am working in a petrochemical company as a mechanical engineer in Maintenance. The regular working hours in our company is 8:00am-5:00pm except pag my shutdown nagiging 6:00am-6:00pm. The question is pag 6am-6pm, how much po dapat ang icha-charge namin s overtime? Ang break lang po namin pg 6-6 is 30minutes pero pg tinawag kami ng operations department, kahit nagbbreak kami, kylngan namin magattend sa requests nila. The reason why im asking kasi is binabawasan kami lagi ng manager namin ng 1hour dahil daw sa breaktime. Sa ganoong set-up, halos wala din kami break time dahil kaylangan namin i-stop yung pagkain namin pag tinawag na kami ng operations department. I need your help sirs/madams for this. Is it my right to charge the company 4 hours of overtime? Thanks in advance.

    [Reply]

  59. I am working as a customerservice associate at a callcenter, what about the rest period in between your shift today and next day, for example I have a schedule of 4am to 1pm on Tuesday then my next shift is Wednesday at 12:00 am till 9:00 am with 1 hour scheduled overtime. Where, there is only 11 hours rest period from my log-out time to my next shift. Is this valid?

    [Reply]

  60. Hi everyone!
    Just want to confirm regarding our company’s policies if they do really follow what’s on the labor code.. Im working as a Nurse sa isang Insurance co.
    1. Sabi nila since 8 regular employees lng kmi hindi daw kmi qualified sa night differential and double pay for regular holidays kc it requires 10 employess daw po to qualify for that benefit.
    2.Yung overtime po nmn binabawasan ng 1 hr para sa break daw po..
    3. Our company is at Quezon city po.. Previously po before ung 30php additional cola..389php/day lng po ang daily rate nmn.. D daw po kmi pde sa 450php kc less than 10 employees and sa Retail and services daw po kmpumapasok yung category ng company namin… So what the mngt did is pinantay lng yung min wage for the retail and services which is 409 khit nasa QC kmi.. Meaning d po talga nmn nkuha yung cola n 30php.. 10php lng po yung nadagdag..

    I will appreciate any reply especially if you could provide a basis for me to lread din.. It will b a big help for us.. So thank you in advance.. :D

    [Reply]

  61. Hi,

    I just wanted to know the terms & condition for seasonal & on-call employee. I would like to ask your help for sample contract employment for these type of employment. And as far as my concern they will be just paid on hourly basis without any benefits such as sss, phic, pag-ibig and 13th mo.? Is my understanding correct? Please advise.

    Amie Bon

    P.S.
    kindly send me a copy also in my email account.

    [Reply]

  62. Almost all hotels require their lower employees to have break schedules. That means they have 4 hour break each shift plus 8 hours work time. In short, employees spending 12 hours in the hotel premises but only have 8 hours paid. Is this legal and acceptable? If you think about it…. An employee spends 12 hours at work, 3 hours travel time back and forth, 1 hour to prepare for work as they need to fall in line to get their uniforms, 8 hour sleep, them where is their time for themselves and for their family? Thank you

    [Reply]

  63. Does managerial positions have the privilege to come in anytime of the day?

    [Reply]

  64. Goodafternoon! Want to clarify something lng po regarding the working hours.. i work in LGU in our city. My working hour is 8-12, 1-5pm..den my immediate supervisor told me that my schedule will be change..it will be 8am-4pm.. i already started my new sched for 5days..then i find out that was not yet approved by the hrm..now they deduct 1hr a day in my lev credits..is that right? it is not my fault coz i only obey my supervisor..what rules fall my undertime since in my daily time record time in at 8am and time out at 4pm..

    [Reply]

  65. sirmam tanong ko if resonable po ba na di binabayaran ang overtime ko if lagpas na ko 8 hours of work at pati ang di ako bayaran pag pinapapasok ako during rest days?minimum monthly po ang sahod ko at may di fix at maliit na monthly bonus lamang po ako bilang supervisor.Lima taon na ako sa work ko.

    [Reply]

  66. we are permanent reg, employees and work 44 hours a week as per our contract. memo was issued to us that due to exigencies we’ll be having shortened working hours of 21 hrs per week instead of the 44 hrs. so, in my case being paid hourly as per our contract, our salaries will be affected and it’s not even half of our reg. basic pay. is it legal for the company to do that to us reg. employees? another thing is, they require us to use our VL every thursday and friday. as far as i know, labor law says that contract binds the employer and employees and salaries should not be affected if the company decides to lessen the working hours. should we follow wthe memo or do we have the right to ask for our regular 44 hrs/week and regular pay for the month? what is really the law on this? thanks. pls. we need your reply and legality of this issue. thank you..

    [Reply]

  67. sir/ ma’am ask ko lng tama pa ba if pinapaemail kami yun buong yellow pages and pinapatxt kami ng mga hulang number ng buong araw..thank you po Gob Bless

    [Reply]

  68. sir/ ma’am ask ko lng tama pa ba if pinapaemail kami yun buong yellow pages and pinapatxt kami ng mga hulang number ng buong araw..thank you po Gob Bless

    and

    tama po din ba n wala kaming benefits?..or required po yun ..thank you

    [Reply]

  69. I would like to ask regarding which Act from The Labor Code of the Philippines can I refer for deduction for the employee late to work?

    [Reply]

  70. Our working schedule is 8:30 -6:30PM from Mon-Fri and 9:00-1:00PM on Saturdays. If we’re absent on Sat, our deduction is based on 1/2 half-day pay.

    My question is if an employee is suspended 2 days, Fri and Sat. How much should be deducted to the employee’s payroll. Is it based on 2 days salary or 1 and 1/2 days compensation?

    Pls reply to my email.

    TY

    [Reply]

  71. Question po, valid po ba itong scenario na ito.

    1. Binigyan ka po ni Employer ng dalawang position bilang Software QA and Office Manager, two different job resposibilities po sila.

    Dapat po bang meron additional pay or double compensation base sa position?, kung meron po paano ung computation?

    2. Binigyan ka po ng 2 diff job responsibilities bilang Software QA and Office Manager. Okay lang po ba na sweldo lang ay pang QA lang?

    Thanks po,

    Glace

    [Reply]

    admin Reply:

    Kung ako ang tatanungin mo, dapat kang bigyan ng mas malaking sweldo dahil sa dalawang posisyon na hawak mo. siguro hindi man doble, at least dapat mas mataas kaysa sa empleyado na may iisang posisyon lamang.

    Kaya nga lang, ang pagpapasya kasi sa katungkulan ng empleyado at kaukulang sweldo ay nasa management. Isa itong management prerogative na hindi maaring panghimasukan ng ibang tao.

    Gayunman, anumang karapatan ay may limitasyon. Hindi ito maaring gamitin sa pangaabuso, halimbawa ay kung sinasadya lang ito upang mapilitan ang empleyado na magbitaw sa trabaho (halimbawa lang ito), o di kaya ay para makaiwas lamang sa pagbabayad ng tamang benepisyo ayon sa batas. Ang batas ay nagbibigay ng remedyo sa ganitong pagkakataon.

    [Reply]

  72. hi, question lang po, if my status is probationary and in their employee handbook they said that you will be regularized based on you performance, 2 years na ako sa company but no regularizatio, also the company said they dont regularized employees as we were project based, is it okey? they also pay by the hour, so our hourly rate is P80.46, our job offer is P14,000.00 basic pay, but every pay slip we only get about 6,000 basic pay because of our work hours. is it okey?
    i have on ongoing case in the company and they hold our bonus, but we receive our pay, is it okey?

    please respond.

    [Reply]

  73. I have duty from 10pm to 6am then they i am to come back by 2pm to 10pm then come back again to 6 am to 10pm. Is this legal? I am having lack of sleep/rest.

    [Reply]

    admin Reply:

    First, before going to your question, based on what you wrote, you’re working 16 hours in a day. That means you are rendering 8 hours overtime work per day. As such, you are entitled to overtime pay equivalent to your 8 hours of overtime work. If you are not getting your overtime pay, that is illegal. You can file a complaint with DOLE or NLRC. Note: Overtime pay is equivalent to 125% of your regular daily rate multiplied by your overtime hours.

    Now, to your question, as a general rule, an employee may not be compelled to render overtime work against his will. Simply said, the employee must consent to the overtime work. There are exceptions to this though. Please read Article 89 of the Labor Code.

    [Reply]

    Angel Reply:

    Sorry. I had a typo error at my question the last shift should be 6am to 2pm only. Pls reread my question. I wasnt working 16 hours each day, 10pm to 6am is 8-hour night shift. Then when i got home, i got only few hours of sleep bec i have to go back at 2pm til 10pm which is 8-hour pm shift. Then when i got home at night, i got also few hours of sleep because i have to back at 6am til 2pm which is 8-hour am shift. The problem here is how they make the schedule compromising the health of the workers. If i were to suggesr, schedule should be reversed, for example, 6am to 2pm today then 2pm to 10pm tomorrow, then 10pm to 6am the day after tomorrow. There you can have an allowance of 16hours before going to work again. Unlike what they are doing, you only have 8hours alllowance before going back yo work again, which is so short. Please answer back thanks.

    [Reply]

    raymond Reply:

    i am not pro at this but as i understand your situation, if you start 10pm-6am then go home and back to office by 2am-10pm and home again and office by 6am-2pm, that’s 24 hours of schedule within 40 hours timeframe. as long as it’s 40 compensable hours per week then there shouldn’t be an issue since the rest of the week should be your days off but if not then you should file a complaint. normally, one should have 8 compensable hours within 24 hours and work beyond 8 hours should be paid OT. by any means you should work out this issue since it’s counter productive due to lack of sleep.

  74. Sirs,

    Good day. I am a researcher working at a company
    based in España Avenue.

    a)
    Our work schedule is 8-6 (Mondays to Thursdays)
    and 8-5 (Fridays). Are the extra 4 hours (beyond the 8
    hours on Mondays to Thursdays) considered as overtime?

    b)
    Our daily wage is computed as:

    (Monthly wage * 12) / 365 = Daily Wage

    As opposed to others whose divisors
    are based on the total number of working days.

    The representative from accounting mentioned that the computation is such and that we are paid on weekends
    (Saturdays and Sundays) even if we do not go to work.

    From the onset, I did not have problems with this.
    It nets me the same amount of money, provided I don’t
    miss work.

    However, the complication arises when computing for
    the overtime pay because the daily wage is “diluted”
    by weekends that are not worked but paid.

    Our ‘daily wage’ are significantly lower (than when using the total number of working days as divisor), thus affecting our overtime premium.

    Is this legal? (using 365 as divisor and in effect lowering our daily wage, ultimately affecting overtime premiums)

    Thank you,

    [Reply]

  75. hi, tanong ko lng po. tama lng po ba n i-consider n absent yung ndi ko pg logout khit n pumasok nman ako ng 8-5?salamat po

    [Reply]

  76. hi, tanong ko lng po.tama lng po n i-consider n absent yung ndi ko pag logout khit n pumasok nman ako ng 8-5?salamat po.

    [Reply]

  77. empleyado Comment:
    June 29th, 2013 at 07:00 pm

    Hi! I’m working in a manufacturing company,in a warehousing department operating 8 hours per day. On an average 3 times per week, I am one of those tasked as on call, to serve emergency logistics requirements.

    As agreed with my department head I normally charge 1 hour overtime every time I am called. As of this writing we are only allowed to charge the actual time worked. Disgusting! I learned just recently that on call is working time.

    I reside in the company compound, and the work site is just a few meters away. When I am on call I am not allowed to leave the compound unless there is somebody to take my place.

    My question is that after completing the 8-hour work and I am tasked as on call the rest of the day from 6:00 pm to 6:00 am the following day, where, as stated in the Phil. labor Law that on call is treated as working time,is the on call duration considered as overtime?

    Appreciate tour feedback on this matter.

    Thank you!

    [Reply]

  78. ryan sarmiento Comment:
    July 17th, 2013 at 04:12 am

    teachers are not given overtime pay… how are they protected from being asked to stay later than their supposed reporting time..? is there a regulation about asking teachers to report on saturdays (not because of make up classes – admin simply plotted them as reporting days)?

    [Reply]

    ryan sarmiento Reply:

    our school is regularly operating 5 days, 40 hrs and 40 mins.

    [Reply]

  79. ano-ano po ba ang privileges, benefits ng supervisor?
    8 hours lng din b ang working hours nila or kung sobra s 8 hours ang trabaho my overtime pay po b?
    salamat po.

    [Reply]

  80. Hi I just wanted to ask if there is any regulation/law about having a break time. I’am working in a hotel we have 4 shifts (6am-3pm, 10am-7pm, 1pm-10pm, 9pm-6am)The management told as to take our break after 4 hrs of our duty or else they will mark as AWOL for 1 hr and will deduct this to our salary so for the first shift he/she need to have his/her lunch break at 10am, for mid shift he/she will have his/her lunch break at 2pm, for third shift he/she will take his/her dinner break at 5pm and for the Gy shift he/she have to take his/her break at 1am but still he/she cannot leave his/her post because no one else will relieve his/her duty?? does it really include to the labor code of the Philippines?? without considering the nature of our job and the time specially our health

    [Reply]

  81. jonathan fajardo Comment:
    July 28th, 2013 at 04:39 pm

    i sir mam…,gudday po.., ngttrdbho po ako sa isanng fastfood
    ang manhour duty po nmin ay minsan 4hours lng minsan amn po 2hours
    break po pero ang inilagi nmin ay s store ay 8 hours? Ilang oras po b ang minimum hours duty s mga delivry rider.., kung pgbbsehan po kc para kming studyante n ngpapartime job.., slmat po..,,

    [Reply]

  82. As mentioned, “The employer is free to adopt what time in a day the work shall start as long as the total number of hours worked will not exceed 8 hours. If the number of hours worked exceed 8 hours, the employee must be paid overtime pay for the excess”.

    What if the employer issued a memo to all that instead of reporting on a Saturday work, they have to rendered 10 hours in a day, which they call “compress work hours”. Say, Monday to Thursday, they will report 8am to 7pm. On Friday, it’s 8am to 5pm. But the memo issued has not been signed nor received by employees but the top management is implementing it. Is this right?

    [Reply]

  83. Hi.I’m working at manufacturing company.I just want to ask if its right of the company to control the break time of the employee in case there is an urgent delivery?Our working hours is 6am to 6pm,our break time should be 9:30am and 3:00pm.Due to urgent delivery and to avoid overtime,our group leader says that we cannot take our break until the delivery is not yet finish.We took our 9:30am break,after that nothing follows.Imagine,from 9:30-6:00 without meal is not good for us.Then we extend our work until 10:00pm,we had our break time at 6:30pm.
    I also want to know if meal allowance is included on the computation of our taxes?And if there’s no increase in meal allowance?

    [Reply]

  84. Hi just want to ask we work Mondays to Fridays only but paid rest days on Sat and SUndays.. If the employee is absent to work for 3-4 days without pay, is he entitled to paid rest day?

    [Reply]

  85. Quick question to the experts in law.

    Before when we were working in Makati and our boss requested pre-shift and post-shift meeting of 15 mins. Meaning if my shift is 9pm-6am I am required to report to work at 8:45pm and ends at 6:15am. Sometimes the meeting takes longer especially post shift. It’s Unpaid! In a week if u add it all up it’s extra 2.5-3hrs of work.

    I didn’t mind it while in Makati because it’s easy access to buses and MRT. Currently working in Mckinley hill coz we transferred to a new location an commuting is not easy. If I miss my bus at 6:20am the next one is 8am already. Its either I spent extra 2 hrs in the office doing nothing or spend 200 pesos for cab home. Or extra effort on my part to walk 2km to get a jeep and then I have to take 3 more jeeps to get home. It’s really hassle.

    Yesterday I told my boss I’m not attending post shift anymore because of the inconvenience and I have to spend more and the extra 15 mins is unpaid. I told her if they want I can join pre shift as I’m always 30 mins early to work. Most of the time there are a lot of late comers on pre shift yet they don’t mind. But when I walk out on my post shift its a big deal. I’m budgeting my daily allowance and this is so stressful.

    [Reply]

  86. Good day!

    I just wanna ask if it is right or just to ask by your employer to work 12 hours daily (from 7am to 7pm- 6 days a week but I don’t know if it was only 6 days because my day off is from 7am of Saturdays to 7pm of Sundays)with no overtime fee, no regular break time and no night differential fee. When I asked my boss why is it like that, just replied “12 hours is the our basic duty hours”. By the way,I am working into a logistics company.

    Thank you and hoping your reply soon.

    [Reply]

  87. Hi.i just wanna ask as to meal or lunchbreak provision.is it compliant when the employee adds extra 1 hour aside from regular 1 hour lunch break.we all know this is unpaid but we are in the office 11 hours.in my case,2 hour luncj break plus overtime

    .

    [Reply]

  88. Hi Sir

    We are working as 12 hour shift(comprssed work week) but our VL is equivalent for 1.5 days all I know that it should be 1 day per VL/SL. the rules about 1.5 days is not in our employee handbook. Since I started we are doing compressed week but charging as 1 day per VL/SL not 1.5 day.

    [Reply]

    admin Reply:

    I think it is wrong to charge 1 day VL as 1.5 day VL (although I see the point why they are doing that). It violates the Labor Code since you would only have about 3 days VL in a year (assuming you are entitled to 5 days VL per year) instead of the minimum required 5 days service incentive leave.

    [Reply]

  89. Christopher Lee Ferrer Comment:
    November 20th, 2013 at 10:53 pm

    Good day! I just would like to ask regarding pre-shift overtime. For example, my normal shift is 9pm to 6am then I have a call at 5:00 pm to 6:30 pm. Is the waiting time of 2.5 hours before my shift still considered as overtime?

    Please advise, thank you!

    [Reply]

  90. Hi!

    I have a concern about the Overtime Pay for our Drives, our present paying system is, for Long trip we will pay them additional 8 hrs. even they are not driving. My question is, what are the other way/benefit that we could use to eliminate the +8 hrs. without them complaining about their receiving benefits?

    [Reply]

  91. I was hired by Head Office telling me that my working hour is 8:30 am to 6:15 pm , from Monday to Friday. This was not however stipulated in my COE. I am now transferred to our manufacturing plant with normal work hour from 7:00 am to 5:00 pm (9 hours a day) Monday to Friday and 7:00 am to 10:00 am (3 hours) or 48 hours a week . Is it legal for the company to adjust my schedule (from 46.25 hrs/week to 48 hrs/week)?

    [Reply]

  92. Hi,

    Currently, we are working 10 hours / day (7:30AM – 5:30PM) which ismore than 8 hours as stated on the Labor Code. We have a 1 hour lunch break, and then 15 mins break in the morning and in the afternoon.
    Per Labor Code, working hours should not exceed 8 hours. Is this acceptable? Or they are violating any Philippine Labor Code? Per my officemate, they already complain this with our management and what they did is, they hire an Attorney that per Philippines Labor Code state that “it is employer’s discretion if they will require their employee to work 45 hours per week. Is this true?

    Our actual work schedule is Monday thru Friday from 7:30AM – 4:30PM, and Saturday from 7:30AM – 11:30AM. They change it to Monday thru Friday from 7:30AM – 5:30PM so we will not be reporting to work on Saturday.

    Please help and advise.

    Thank you!

    [Reply]

  93. Hi,
    Call center po ako nagwork,legal po ba ung pabago bago ang sched ng shift ko?every 2-3 days po kc iba iba ang oras ng pasok ko tsaka day off nalilito nko at legal po ba 6 days work ko every week?sa convergys po ako.dati kc 5 days lng a week nung nagpalateral ako naging 6 days na.salamat po.

    [Reply]

  94. Hi there, question lang po. I’ve been working in a company for almost three years now. The contract I’ve signed stated that the working hours is fixed from 7:30am to 5:30 pm. They’re using the Compressed Work Week Scheme. That caused an issue before though but we’re already okay with that. However, just this December 2013, they wanted some of us to change the work hours to 2am until 12pm. They wanted us to follow Hawaii time since our main office is located there. They didn’t even ask us if we’re okay with that. They said it’s non-negotiable. Is it legal that they can just change our work hours anytime they want to even if our contract clearly states our working schedule (which is 7:30am-5:30pm)? Aside from that, I think they’re violating some laws for night workers since they don’t provide the following:
    1) Proper Ventilation / Aircon (those who currently works during Hawaii Time only use Electric Fan. The company’s reason is to minimize cost since there are only 5 people in the office during those hours)
    2) Health Officer (we don’t have a nurse or even a clinic be it day or night shift)
    3) Sleeping quarters (we don’t have that)

    Please advise us on what legal action we can do about that, if there’s any. We just really feel that they don’t care for their employee’s safety at all despite all the disputes we’ve raised to them. So this is the only chance we have. We hope for your immediate response and I really hope you can help us on this. Thank you so much in advance! :)

    [Reply]

  95. i just want to ask if I have grounds for complaining. Just this Holiday season, the company i am working for adjusted our schedule. My normal schedule is from 5am-2pm. On December 31, i was out of office by 2:00pm. Due to the change in schedules, i had to be back by 11:00pm the same day as my next shift. Is that legal? the time difference of my 2 shifts is just 9 hours. I just want to know if I have grounds for complaining. Thanks!

    [Reply]

  96. Kevin Manalang Comment:
    January 22nd, 2014 at 06:09 pm

    would like to ask po what is the computation of my gross
    salary if I worked from December 2 to December 10 on a monthly basis. My monthly pay is P12,500.00. Thank you.

    [Reply]

  97. Hi, ask ko lang po kung if tama po ba na less than 8 hrs ang work time. Kasi nakapagay po sa contract nmen before stating 404/day? Panu po ba iinterpret yun? Tnx and more power!

    [Reply]

  98. Hi, ask ko lang pano kung ang shift mo ay 10pm to 7am. tapos wala kami plotted schedule for breaks. depende sa queue. pero pano kung 5am or 6am na kami pinaglunch break? is that still acceptable???

    [Reply]

  99. Hi!
    I am a clinic nurse and also working in a prestigious hospital in NCR.My.concern lng is my employeer do not allow overtime sa amin. Despite we worked more than 8 hours and without established break time since pm ang clinic sched nin. How do i go about it? Thanks!

    [Reply]

  100. Good Day. in our company we got 2hrs break(non-compensable break) is it legal having more than one hour break? and also is it legal having a straight 8hrs duty but with 15min coffee breaks?

    [Reply]

  101. Hi! I work in a call center, and every week they send our shift schedule including breaks. My shift is at 10 pm -7 am and in 2 days a week, I get my lunch break/1 hr break at 5 am to 6 am. I already informed my supervisor about it but they are not doing anything about it and informed us that this is because of the call pattern so basically we don’t have a choice. Is this practice correct?

    [Reply]

  102. Hi,

    We are on a compressed work week schedule – required to work from 8-6:30 pm everyday. Is it legal to deduct 1.5 hours every time a VL/SL is filed?

    Thanks!

    [Reply]

  103. Hello… I would like to know regarding regular holiday payment. I’ve known that whenever you are absent on a day BEFORE a regular holiday, you won’t be paid with that regular holiday payment. Please give insight. What if it’s an absence with pay?

    [Reply]

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