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B preliminary and postliminary activities preliminary

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B. Preliminary and Postliminary ActivitiesPreliminary (before work) and postliminary (afteractual work) activities deemed performed duringworking hours and compensable:1.Where such activities are controlled by theemployer or required by the employer; and2.Pursued necessarily and primarily for theemployer's benefit(31 Am. Jur. 882-883).Employees are the entitled toportal payfor timespent on incidental activities before or after theregular working period(CCHI, Labor Law Course,318).Thirty-minute assembly timelong practiced andinstitutionalized by mutual consent of the partiesunder the collective bargaining agreement cannotbe considered waiting time of the employees if theyare not subject to theabsolute controlof thecompany during this period. Otherwise, theirfailure to report in the assembly time would justifythe company to impose disciplinary measures(Arica v. NLRC, G.R. No. 78210 28 February 1989).C. Travel Time1. Travel from home to workGR:Normal travel from home to work is notworking time.XPNs:a.Emergency call outside his regular workinghours where he is required to travel to hisregular place of business or some other worksite.b.Done through a conveyance provided by theEr.c.Done under the supervision and control ofthe Er.d.Doneundervexinganddangerouscircumstance.2.Travel that is all in a day’s worktime spentin travel as part of the Ees principal activitye.g.travel from job site to job site during thework day, must be counted as working hours.3.Travel away from home
Labor Law and Social Legislation35GR:a.Travel that requires an overnight stay onthe part of the Ee when it cuts across theEes workday is clearly working time.b.The time is not only hours worked onregularworkdaysbutalsoduringcorresponding working hours on non-working days. Outside of these regularworking hours, travel away from home isnot considered working time.XPN:During meal period or when Ee ispermittedtosleepinadequatefacilitiesfurnished by the Er.D. Sleeping TimeWhether sleeping time allowed an employee willbe considered as per his working time will dependupon the express or implied agreement of theparties.In the absence of an agreement, it will dependupon the nature of the service and its relation tothe working time.Compensable:if sleeping time is subject to seriousinterruptionortakesplaceunderconditionssubstantially less desirable than would be likely toexist at the employer’s home.Not compensable:if there is an opportunity forcomparatively uninterrupted sleep under fairlydesirable conditions.It is compensable working time if the nature of theemployee'sworkallowssleepingwithoutinterrupting or prejudicing the performance of hiswork.E. Power Interruptions1.Brownouts of short duration but not exceeding20 minutes shall be treated as worked orcompensable hours whether used productivelybytheemployeesornot;(DOLEPolicyInstruction No. 36, May 1978).

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Term
Spring
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Tba
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Working time

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