Practice question
A worker remains voluntarily in a staff lounge during a definite three-hour release, is fully free of duties and may leave or use the interval effectively. In a later thirty-minute interval, the employer requires immediate call response at the work station. No favorable agreement applies. What distinction matters?
- Every minute on the premises is identical
- The free interval and the restricted waiting interval require different treatment
- Every minute without output is automatically unpaid
- The earlier release makes later duties irrelevant
- The worker’s lounge choice automatically creates three hours of overtime
Legal references
- Labor Code, Articles 82-93 and implementing Book III, Rule I, Sections 3-7: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
- Omnibus Rules Implementing the Labor Code, Book III, Rules I-III, hours, meals, night differential and weekly rest: https://lawphil.net/statutes/presdecs/pd1974/pd_442a_1974.html
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