The Supreme Court (SC) on Friday said security guards working under a broken period scheme must be paid overtime if their break is too short for personal use.
In a decision written by Associate Justice Henri Jean Paul Inting, the SC’s Third Division held that if security guards were able to show they worked more than eight hours, they are entitled to overtime pay under the Labor Code.
Under the Omnibus Rules Implementing the Labor Code, breaks count as work hours if they are too short for personal use.
The High Tribunal decided that four-hour breaks between security guards’ shifts count as work hours because the guards could not use that time for themselves.
“It was impractical and costly for minimum wage security guards to leave work, go home, and then come back on the same day,” the SC said.
It added that the broken period scheme implemented by the involved agency was designed to circumvent labor laws and avoid overtime pay.
Meanwhile, signed Daily Time Records (DTRs) serve as valid proof of the security guards’ work hours that are in the best position to verify their attendance.