A. HOURS OF WORK References Arts.

82-90; Omnibus Rules, Book III, Rules I, IA, II

1. Regulation; Rationale Manila Terminal Co. inc. v. CIR, 91 Phil. 625 (52)

2. Coverage 82; 276; Book III, Rule 1, Secs. 1-2 Art. 82. Coverage. The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. As used herein, "managerial employees" refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. "Field personnel" shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. Art. 276. Government employees. The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. However, there shall be no reduction of existing wages, benefits and other terms and conditions of employment being enjoyed by them at the time of the adoption of this Code.

B3R1 SECTION 1. General statement on coverage. The provisions of this Rule shall apply to all employees in all establishments and undertakings, whether operated for profit or not, except to those specifically exempted under Section 2 hereof. B3R1 SECTION 2. Exemption. The provisions of this Rule shall not apply to the following persons if they qualify for exemption under the conditions set forth herein: (a) Government employees whether employed by the National Government or any of its political subdivision, including those employed in government-owned and/or controlled corporations;

(b) Managerial employees, if they meet all of the following conditions: (1) Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof. (2) They customarily and regularly direct the work of two or more employees therein.(3) They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight. (c) Officers or members of a managerial staff if they perform the following duties and responsibilities: (1) The primary duty consists of the performance of work directly related to management policies of their employer; (2) Customarily and regularly exercise discretion and independent judgment; and (3) (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute, under general supervision, special assignments and tasks; and (4) Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above. (d) Domestic servants and persons in the personal service of another if they perform such services in the employer's home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employer's household. (e) Workers who are paid by results, including those who are paid on piece-work, "takay," "pakiao" or task basis, and other non-time work if their output rates are in accordance with the standards prescribed under Section 8, Rule VII, Book Three of these regulations, or where such rates have been fixed by the Secretary of Labor and Employment in accordance with the aforesaid Section. (f) Non-agricultural field personnel if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.

a. Government employees 82; 276; Const., Art. IX-B, Sec. 2 (1) Art. 82 and 276 see no. 1

Omnibus Rules, Book III, Rule 1, Sec. 2(a)

b. Managerial employees 82, 212(m); Omnibus Rules, Book III, Rule I,

Sec. 2 (b) (c)

International Pharmaceuticals Inc. v. NLRC, 287 SCRA 213 (98)

National Sugar Refineries Corpv. NLRC et al, G.R. No. 101761, March

24, 1993.

Penaranda v. Banganga Plywood Corp., et al., G.R. No. 159577, May

3, 2006.

c. Field Personnel 82; Omnibus Rules, Book III, Rule I, Sec. 2 (f0

Mercidar Fishing Corp. v. NLRC, 297 SCRA 440 (98)

Far East Agricultural Supply, Inc. v. Lebatique, GR No. 162813; Feb. 12,

2007

 San Miguel Brewery, Inc. v. Democratic Labor Organization, et al. G.R.

No. L-18353, July 31, 1963

Auto Bus Transport System, Inc. v Bautista, G.R. No. 156367, May 16,

2005

d. Dependent Family Members 82

e. Domestic Helpers 82; 141, 145; Omnibus Rules, Book III, Rule 1,

Sec 2(d) (d); Kasambahay Law (RA10361)