Travel is a big part of work in many Philippine industries—sales, construction, maintenance, logistics, auditing, consulting, and many more. A recurring question is:
If I come from a field assignment and have to travel back home or to the office after regular working hours, is that travel time counted as overtime?
The short answer is: sometimes yes, sometimes no. It depends on how and why you are traveling, your job classification (especially whether you are “field personnel”), and your company’s policies or CBA.
Below is a comprehensive guide in the Philippine private-sector context.
I. Legal Framework
1. Normal hours and overtime under the Labor Code
Key concepts from the Labor Code and its implementing rules:
Normal hours of work:
- Generally 8 hours a day for an employee in the private sector.
Hours worked:
Time when the employee is:
- Required to be on duty or at a prescribed workplace; or
- Suffered or permitted to work (the employer knows or should know work is being done and doesn’t stop it).
Overtime work:
- Work rendered beyond 8 hours a day, with the employer’s knowledge and consent (express or implied).
Overtime pay (regular working day):
- At least 25% premium over the hourly rate for hours worked beyond 8.
- Higher premiums apply if overtime falls on a rest day, special day, regular holiday, or overlaps with night shift differential (10 p.m. to 6 a.m.).
Whether travel time after a field assignment is overtime depends first on whether that travel counts as “hours worked.”
2. Field personnel and exclusion from overtime rules
The Labor Code excludes certain employees from the provisions on hours of work, overtime, and premiums—most notably “field personnel.”
Field personnel are those:
- Who regularly perform their duties away from the principal place of business or branch office, and
- Whose actual hours of work in the field cannot be determined with reasonable certainty.
Important notes:
The job title alone is not decisive. Someone called “field representative” or “sales engineer” is not automatically field personnel.
If:
- The employer can reasonably track work hours (via daily reports, GPS, check-in systems, strict route schedules, etc.), or
- The employee is subject to close supervision despite being in the field, then they may not qualify as “field personnel” and can still be entitled to overtime pay.
So the very first question is always:
Am I validly classified as field personnel?
If yes, the rules on hours of work and overtime generally do not apply, and discussions about whether travel time is overtime are usually moot (unless a contract or CBA gives you that benefit anyway).
If no, then we go to the next question:
Is my travel time considered hours worked?
3. Travel time as “hours worked” under the rules
The Omnibus Rules Implementing the Labor Code include guidance very similar in spirit to international standards:
Travel time is compensable (counted as hours worked) if:
- It is all in the day’s work – i.e., travel is part of the employee’s principal duties; or
- It is required and done during working hours (e.g., sent on an errand from office to client during the workday); or
- The employee is actually working while traveling (writing reports, taking calls, doing online work, etc. for the employer’s benefit).
Travel time is generally not compensable if:
- It is ordinary home-to-work or work-to-home travel, even if the distance is long; or
- The employee is simply a passenger and is free to relax, sleep, or do personal activities, with no requirement to perform work.
These rules are what we apply to “after field assignment” situations.
II. Typical Scenarios: When Is Travel After a Field Assignment “Hours Worked”?
Let’s walk through common real-world situations.
Scenario 1: Office → client site → back to office (same day)
Facts (example):
- Schedule: 8:00 a.m. – 5:00 p.m. (one-hour lunch).
- Employee leaves the office at 1:00 p.m. for a field inspection.
- Finishes work at the client site at 5:00 p.m.
- Required by the employer to return to the office to drop equipment and write a short report, arriving back at 7:00 p.m.
Analysis:
Travel from office to client site at 1:00 p.m.:
- Counted as hours worked (it’s during regular work hours and required by employer).
Work at client site from, say, 2:00 p.m. to 5:00 p.m.:
- Clearly hours worked.
Travel from client site to office after 5:00 p.m. (e.g., 5:00–7:00 p.m.):
Usually hours worked, because:
- The employee is required to return to the office, and
- The travel is a direct continuation of the day’s work.
Result: If total hours from first work-related duty (say, 8:00 a.m.) up to the time the employee is relieved from duty (when they finish the report, e.g. 7:30 p.m.) exceed 8 hours, the excess is overtime and should be paid with the appropriate OT premium.
Scenario 2: Home → client site → home (no stop at office)
Facts (example):
- Employee is authorized to go straight from home to the client’s location and then go straight home after.
- Travel from home to client site: 7:00–9:00 a.m.
- Work at client site: 9:00 a.m.–5:00 p.m.
- Travel from client site back home: 5:00–7:00 p.m.
A key question:
Is travel from home to the field site, and back home from the field site, just a commute, or part of the working day?
Philippine practice usually applies this logic:
Ordinary commute rule
Time spent traveling from home to the place where you report for work and vice versa is normally not hours worked.
This doctrine is often extended even if the “place of work” that day is a client site instead of the office, as long as:
- The employee is not performing work during the travel, and
- The travel is simply for the employee to get to/from that day’s work location.
Possible exceptions / gray areas Travel may be treated as working time if, for example:
- The employer dictates the exact route, mode, and timing, such that the employee is effectively “on duty” during travel; or
- The employee is required to perform work-related tasks while en route (e.g., making mandatory sales calls, filling up electronic reports on a company device, monitoring systems); or
- The employee is transporting company valuables, large equipment, or is responsible for them in a way that creates continuous responsibility during travel.
Typical outcome:
- Pure “from home, to client, back home” travel, with no work performed while traveling, is usually treated as commute time, not hours worked.
- In that typical situation, the working day is counted from the time actual work starts at the site (e.g., 9:00 a.m.) until it ends (e.g., 5:00 p.m.). Travel outside those boundaries is normally not counted, even if it extends beyond 8 hours from the moment you left home.
So in this scenario, travel after the field assignment back home (5:00–7:00 p.m.) is usually not considered overtime.
Scenario 3: Required stop at the office after field work, beyond regular hours
This is common and often contested.
Facts:
Employee:
Goes to a client site in the morning, works there the whole day.
Finishes field work at 5:00 p.m.
Is required by the employer to return to the office to:
- Deposit collections,
- Return tools or company car,
- Submit documents personally,
- Attend end-of-day briefing, etc.
Employee arrives at office at 7:00 p.m., finishes tasks at 7:30 p.m., and only then is allowed to go home.
Analysis:
Travel from field site back to the office is:
- Required by the employer,
- Primarily for the employer’s benefit, and
- Occurs before the employee is relieved from duty.
That travel is therefore part of the working time.
The day’s “hours worked” logically extend from the time work started (or when the employee was first required to report) up to 7:30 p.m.
If that totals more than 8 hours, the excess is overtime, and the travel time is part of the basis for calculating it.
Scenario 4: Out-of-town, overnight field assignment
Here, the nuances become more complex.
Example:
Day 1:
- Travel from Manila to Baguio: 6:00 a.m.–12:00 noon.
- Official work/meetings at Baguio site: 1:00–5:00 p.m.
Day 2:
- Work/meetings: 8:00 a.m.–12:00 noon.
- Travel back to Manila: 1:00–7:00 p.m.
Key points generally used in practice:
Travel during regular working hours
- Travel within what would have been the employee’s normal work schedule is usually treated as hours worked, even if it happens on a non-working day (e.g., a Sunday travel that cuts across 8:00 a.m.–5:00 p.m.).
- So on Day 1, travel from 8:00 a.m. to 12:00 noon can often be treated as hours worked (in many company policies).
Travel outside regular working hours
Travel before or after regular working hours (e.g., 6:00–8:00 a.m., 5:00–7:00 p.m.) is often treated as non-compensable, unless:
- The employee is required to perform work while traveling, or
- A company policy or CBA explicitly pays travel time, regardless of the hour.
Rest periods and free time in another city
- Even though the employee is away from home, free time in the hotel or city after official activities is generally not considered hours worked (unless the employee is on active duty, on-call with severe restrictions, or actually working).
Return travel after field assignment
- For the return trip (e.g., Baguio to Manila from 1:00–7:00 p.m.), the portion that overlaps with normal working hours (say, 1:00–5:00 p.m.) may be treated as hours worked;
- Any additional travel beyond that window (5:00–7:00 p.m.) is usually not counted, unless policy or contract says otherwise.
Because the Labor Code provisions are broad, many employers settle specific rules in company policies or CBAs, which may be more generous than the minimum.
Scenario 5: Employees whose job is travel itself (drivers, messengers, delivery riders)
For employees whose primary duty is to drive, deliver, or travel:
Travel is clearly integral to the job.
As long as:
- They are on a trip under the employer’s instructions, and
- They have not yet been relieved from duty, their travel time is normally treated as hours worked.
For example:
- A delivery driver’s route time (including actual driving and necessary waiting periods between deliveries) is generally working time.
- If the total working time in a day exceeds 8 hours, that excess is typically overtime, unless the worker is properly classified as field personnel or exempt in another way.
However, some employers argue that certain drivers or riders are field personnel or are on results-based pay, in which case the Labor Code’s hours-of-work provisions may not apply. This classification must be carefully examined; it’s a common area of dispute.
III. Is Travel Time Itself “Overtime Pay”?
A crucial conceptual distinction:
Travel time may be:
- Compensable working time (counted as hours worked), or
- Non-compensable (treated like commuting or personal time).
Overtime pay only arises if:
- The total compensable hours worked in the day exceed 8, and
- The overtime was authorized or knowingly allowed by the employer.
So we don’t really say “travel time is overtime pay.” Instead, we ask:
- Is this travel time considered hours worked?
- If yes, does it push the total hours beyond 8?
- If yes, apply OT premiums to the hours beyond 8 (which may include part of the travel).
IV. Effect of Company Policy, Contracts, and CBAs
The Labor Code sets minimum standards. Employers and employees (or unions) may agree to more favorable terms, such as:
- Paying all travel time related to official business, regardless of whether it’s during normal working hours or not.
- Granting per diems or travel allowances instead of (or on top of) treating travel as hours worked.
- Guaranteed minimum travel credits (e.g., “any travel out-of-city after 6:00 p.m. will be credited at X hours of OT”).
- Additional premiums or rest day credits for extensive travel.
If a company policy or CBA expressly states that “all time spent returning from field assignments shall be considered working time and paid accordingly,” then that will usually govern, as long as it’s more favorable to the employee.
V. Documentation, Proof, and Practical Tips
1. For employers
Have a clear written policy on:
- When travel time counts as hours worked,
- When it will be paid as overtime,
- Treatment of out-of-town travel, rest days, and holidays.
Align policies with the Labor Code:
- Avoid blanket statements that all travel time is non-compensable; that could contradict “travel as part of the day’s work.”
Require:
- Travel orders,
- Accomplishment reports,
- Trip tickets,
- Or electronic logs, so hours can be reasonably tracked.
For employees you classify as field personnel:
- Ensure the nature of their work really fits the definition (no close supervision; actual hours cannot be reasonably determined).
- Avoid imposing detailed daily time tracking while claiming they are field personnel; this undermines the classification.
2. For employees
Keep your own records:
- Note departure and arrival times, field locations, and instructions given.
Clarify your status:
Ask HR whether you are classified as:
- Rank-and-file vs. supervisory,
- Field personnel or not,
- Covered by a CBA.
Check company policies and your contract:
- There may already be a travel-time rule that is better than the Labor Code default.
If you believe you are entitled to overtime including travel time:
- Raise the concern internally first (HR, supervisor),
- Then consider consulting a lawyer or DOLE office if unresolved.
VI. Special Note on Government Employees
Government employees are generally governed by:
- The Administrative Code,
- Civil Service Commission rules,
- Special laws, and
- Agency-specific regulations.
They may receive:
- Compensatory overtime credits instead of cash OT,
- Travel allowances and per diems based on government accounting and CSC rules.
The principles are similar (distinguishing work time vs. personal travel), but the regime is different from the Labor Code that applies to the private sector.
VII. Summary: When is Travel After Field Assignment Overtime?
You can use this simplified checklist:
Are you validly classified as field personnel?
- Yes → Labor Code provisions on hours of work and overtime may not apply (look to contract/CBA or special laws).
- No → Continue.
Is your travel after the field assignment considered working time?
Usually YES if:
- You are required to return to the office or another work site; or
- You are performing work while traveling; or
- Travel is clearly part of your principal duties, and you have not yet been relieved from duty.
Usually NO if:
- You go straight home from the client site with no more instructions; and
- You are not required to work during the travel; and
- The travel is treated as a commute.
Does your total working time for that day exceed 8 hours?
- If yes, and the overtime is authorized or knowingly allowed, you are generally entitled to overtime pay, and the compensable portion of the travel is included in that calculation.
Does your contract, company policy, or CBA give better benefits?
- If yes, that more favorable rule prevails.
This is general information based on Philippine labor standards principles. Specific outcomes depend on the exact facts, written policies, and evidence. For a concrete situation (for example, your job, your schedule, and your company’s actual policies), it’s best to consult a Philippine labor lawyer or DOLE for tailored advice.