Practice question
During a three-hour standby, a technician must stay within a few minutes of the plant and respond immediately, making effective personal use impossible. The employer calls the interval unpaid solely because the technician waits just outside the gate. What does Section 5(b) require?
- Consider the restrictive proximity and inability to use the time personally, rather than the gate line alone
- Treat all time outside a gate as free automatically
- Ignore the required response and location
- Treat every standby as ordinary commuting
- Assume the technician was released for three hours
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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