Labor laws of the philippines - Chan Robles and Associates Law Firm

Pre-Week Guide on Labor Law 2006 Bar Examinations Prof. Joselito Guianan Chan
The quantum of evidence required to prove employment relationship is mere substantial
evidence (e.g., I. D. card, Cash Vouchers for salaries, inclusion in payroll, reporting to SSS).
NORMAL HOURS OF WORK:
28. What is meant by “normal hours of work”?
1. "Normal" hours of work of employees -eight (8) hours per day.
2. "Work day" means 24 consecutive-hour period which commences from the time the
employee regularly starts to work. It does not necessarily mean the ordinary calendar
day from 12:00 midnight to 12:00 midnight unless the employee starts to work at this
unusual hour.
3. "Work week" is a week consisting of 168 consecutive hours or 7 consecutive 24hour
work days beginning at the same hour and on the same calendar day each
calendar week.
4. Reduction of eight-hour working day - not prohibited by law provided there is no
reduction in pay of workers.
5. Shortening of work week - allowed provided employees voluntarily agree thereto;
there is no diminution in pay; and only on temporary duration.
6. Hours of work of part-time workers - payment of wage should be in proportion
only to the hours worked.
7. Hours of work of hospital and clinic personnel - The Supreme Court has voided
Policy Instructions No. 54 in San Juan de Dios Hospital Employees Association vs.
NLRC (G. R. No. 126383, Nov. 28, 1997). Consequently, the rule that hospital
employees who worked for only 40 hours/5 days in any given workweek should be
compensated for full weekly wage for 7 days is no longer applicable.
Prerogative to change working hours.
Well-settled is the rule that management retains the prerogative, whenever exigencies of
the service so require, to change the working hours of its employees. (Sime Darby Pilipinas, Inc.
vs. NLRC, G.R. No. 119205, 15 April 1998, 289 SCRA 86).
The employer has the prerogative to control all aspects of employment in his business
organization such as hiring, work assignments, working methods, time, place and manner of
work, tools to be used, processes to be followed, supervision of workers, working regulations,
transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and
recall of workers. (Consolidated Food Corporation, et al. vs. NLRC, et al., G. R. No. 118647,
Sept. 23, 1999).
In the 2001 case of Interphil Laboratories Employees Union-FFW vs. Interphil
Laboratories, Inc., [G. R. No. 142824, December 19, 2001], the parties to the CBA stipulated:
“Section 1. Regular Working Hours - A normal workday shall consist of not
more than eight (8) hours. The regular working hours for the Company shall be
from 7:30 A.M. to 4:30 P.M. The schedule of shift work shall be maintained;
however the company may change the prevailing work time at its discretion,
should such change be necessary in the operations of the Company. All
employees shall observe such rules as have been laid down by the company for
the purpose of effecting control over working hours.” (Article VI of the CBA).
According to the Supreme Court, it is evident from the foregoing provision that the
working hours may be changed, at the discretion of the company, should such change be
necessary for its operations, and that the employees shall observe such rules as have been laid
down by the company. In the instant case, the Labor Arbiter found that respondent company had
to adopt a continuous 24-hour work daily schedule by reason of the nature of its business and the
demands of its clients. It was established that the employees adhered to the said work schedule
since 1988. The employees are deemed to have waived the eight-hour schedule since they
followed, without any question or complaint, the two-shift schedule while their CBA was still in
force and even prior thereto. The two-shift schedule effectively changed the working hours
stipulated in the CBA. As the employees assented by practice to this arrangement, they cannot
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