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Question

Hours of Work: Non-compensable Hours

In the legal profession, lawyers often work long hours to meet the demands of their clients and cases. However, not all hours worked are considered compensable under the law. The concept of non-compensable hours refers to the specific periods during which an employee is not entitled to receive compensation for their work. In relation to this topic, consider the following scenario:

Atty. Santos is a practicing lawyer in a reputable law firm. One of his ongoing cases requires him to travel frequently to different cities in the country to attend court hearings and meet with clients. He spends a significant amount of time on the road, commuting and traveling. Atty. Santos believes that all the hours spent traveling should be considered compensable hours. On the other hand, the law firm contends that only the actual time spent in court or meeting with clients should be compensated.

In the context of Philippine labor laws, and specifically on non-compensable hours, resolve the following issues:

1. What is the legal basis for determining non-compensable hours?
2. Should Atty. Santos be entitled to compensation for the hours he spends traveling for work-related purposes? Explain your answer.
3. Under what circumstances are non-compensable hours considered compensable?

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Answer