LABSTAN Module 4 Working Hours Reviewer
Respond to the queries of the employees on these topics if you`re the HR professional.
Hours of work Meal break Waiting time
Holiday pay Premium pay Night shift pay Service charge
# Question
1 What will happen if I work only for:
a) 6 hours b) 14 hours & c) 24 hours?
2 “How much should be the pay if my lunch break is:
a) 1 hour b) 45 minutes? ”
3 “If I don`t take my coffee break in the morning & in
the afternoon, will I get paid?”
4 “Is waiting time only for waiters?“
5 “ Mcdo has some 24-hour branches. Are there
advantages if I`m assigned to the midnight sked?”
6 “Can I refuse overtime work demanded by my boss?”
7 “Is the rest day always on a Sunday?”
8 “What`s the difference if I work on:
a) Feb 25, b) Nov 30 & c) my birthday?”
Work shifts 0vertime Rest day No work, no pay
Service incentive leave Form of wages Labor Code
Answer
a) 6 Hours: Under-time on any day does not offset (or
counterbalance) by overtime the following day(s).
b) 14 Hours: Work beyond a continuous 8-hour period
has a higher hourly rate.
c) 24 Hours: Work beyond a continuous 8-hour period
has a higher hourly rate. (2)
a) 1 Hour: None, because meal breaks are not considered
work time (not included in an 8-hour work period) and
employees are not entitled to be paid for their meal
break. These breaks are mandatory but unpaid. If in
case that the employee was not able to take a break
due to work emergencies then that is the time his/her
break is compensable.
b) The wage rates vary per region but the employee is
entitled for compensation since his meal break is less
than 1 hour.
No, because only then rest periods or coffee breaks running from
five (5) to twenty (20) minutes shall be considered as
compensable working time. (Book III, Rule I of the Labor Code)
No, waiting time can be applicable to any employee wherein
that employee can demand pay if the employee is effectively
deprived of time for personal pursuits and under absolute
control of the employer. If work is not continuous, idle time
(having no value) is not part of working time.
Any work between 10PM to 6AM (Night Shift Differential) will
be entitled an extra 10% rate in addition to the hourly rate of
that day.
According to Article 83 of the Philippine Labor Code says: “The
normal working hours of an employee shall not exceed eight
hours a day.” Therefore, the general rule here is that no
overtime work. Unless it is required by the employer by such
instances (war or emergency, urgent work on machines etc.,)
and or if permitted by the employer for me to do OT. But doing
so, I am entitled to a higher hourly rate depending on the hours
worked in excess.
A weekly rest day is required by law wherein such rest period
of not less than 24 consecutive hours after every 6 normal
workdays. The employer shall determine the weekly rest day.
However, the employer shall respect the preference of
employees as to their weekly rest day when such preference is
based on, let us say religious grounds.
a) February 25 (People Power Anniversary; Special Non-
Working Holiday): I will get 130% rate pay. If I worked
and was on my rest day, that is an additional 20%.
b) November 30 (Bonifacio Day; Regular Holiday): I will
get 200% rate pay since it is a regular holiday wherein
the workforce are on break but I am entitled to get my
compensation therefore in the event that I am required

9 “If I'm absent because I`m sick for 3 days, will I get
paid?”
10 “Can I be paid with SM gift certificates?”
11 “What`s the use of the service charge?”
12 “What's the applicable workers` law for those at
Malacanang and at Ayala Corporation? “
to work, employers are to pay 200% of my regular rate.
If I work that day and it is my rest day as well, I am
entitled 260% of my regular rate but to avail such
benefit(s), I must not be absent on the workday before
the holiday unless I am on leave.
c) My birthday: Since my birthday is a special day, I will
be entitled to a premium pay (work on a rest day or a
special day but not a holiday) which means 130% of
my regular rate but in the event that my birthday is
also my rest day and I worked, then I am entitled 150%
of my regular rate.
No because no work, no pay basic principle in labor law. Within
3 days, no service was rendered because the worker was
absent. Therefore, there can be no demandable wage to be paid.
No, because No. 442 as amended, otherwise known as the Labor
Code of the Philippines, that: “No employer shall pay the wages
of an employee by means of promissory notes, vouchers,
coupons, tokens, tickets, chits, or any object other than legal
tender, even when expressly requested by the employee.”
A service charge is basically an additional fee charged by a
service establishment (e.g., restaurants or hotels or similar
establishments) on top of your bill. While service charges in
general are accrued to cover a variety of miscellaneous
business expenses, but their most common purpose is to
contribute to a service employee's wages.
Republic Act No. 6727 “Wage Rationalization Act” SEC. 2. It is
hereby declared the policy of the State to rationalize the fixing of
minimum wages and to promote productivity-improvement and
gain-sharing measures to ensure a decent standard of living for
the workers and their families; to guarantee the rights of labor to
its just share in the fruits of production; to enhance employment
generation in the countryside through industry dispersal; and to
allow business and industry reasonable returns on investment,
expansion and growth.” since those at Malacanang and ayala
Corporation are industrial sectors