Philippine Bar review · Question

Practice question: Idle, Travel, Commuting, and Waiting Time

Multiple Choice Medium

Practice question

An employee freely chooses an optional company shuttle for the ordinary trip home. No driving, escort, equipment-handling or other duty is assigned during the trip, and no favorable pay agreement applies. Does provision of the vehicle alone necessarily make the commute working time?
  1. Yes, transport ownership replaces all duty facts
  2. Yes, every company vehicle trip is assigned work
  3. Yes, free transportation is always overtime
  4. Yes, every passenger becomes the driver’s employer
  5. No

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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