Practice question
A covered hourly employee must remain at an assigned station for an eight-hour ordinary shift and perform tasks as they arrive. The employer expressly requires the employee to stay ready at that workplace during short quiet intervals. It proposes to deduct those intervals solely because no item was being processed. Which approach best applies the fair-day principle and Article 84?
- Deduct every minute without a finished item regardless of the employer’s requirements
- Determine legally compensable hours; required on-duty workplace time is included and is not excluded solely for lack of continuous output
- Treat every quiet interval as a voluntary unpaid absence
- Pay nothing for the entire shift if one interval is quiet
- Require the employee to produce a sale every minute to earn wages
Legal references
- https://lawphil.net/judjuris/juri2000/jan2000/gr_121439_2000.html — Aklan Electric Cooperative Inc. v. NLRC, GR 121439, January 25, 2000, main decision; fair day’s wage and work actually performed.
- https://lawphil.net/judjuris/juri2015/feb2015/gr_169303_2015.html — Protective Maximum Security Agency, Inc. v. Fuentes, GR 169303, February 11, 2015, main decision; no-work-no-pay rule and unlawful prevention qualification.
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 84, 94–95, compensable time and qualified paid benefits.
- https://nwpc.dole.gov.ph/wp-content/uploads/2024/11/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf — DOLE-BWC 2024 Handbook, holiday and paid-leave rules.
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