Is Travel Time “Working Time” for Delivery Drivers? (Philippine Labor Standards)

This guide explains how travel time is treated under Philippine labor law for delivery drivers and couriers (van and truck drivers, motorcycle riders, messengers, and last-mile riders). It’s general information, not legal advice.

1) The Legal Frame You Need

Core sources

Labor Code of the Philippines, Book III (Conditions of Employment): rules on hours of work, overtime, rest days, night shift differential, and premium pay.
Omnibus Rules Implementing the Labor Code (Book III Rules): key definitions of “hours worked,” waiting time, on-call time, and rest periods.
Minimum Wage Orders (per region): set the base daily or monthly pay.
OSHS / RA 11058 and related DOLE issuances: safety and health duties during transport and delivery operations.
Company policies / CBAs: can give more than the law, but never less.

Key coverage notes

Rank-and-file employees are covered by hours-of-work rules unless they fall into a statutory exemption (e.g., field personnel).
Supervisory/managerial employees are generally excluded from hours-of-work rules but still covered by OSH and general labor standards (except where the Code says otherwise).
Contractors / platform riders (gig economy): employee status depends on control and economic reality. Labels don’t decide—facts do.

2) “Hours Worked”: The Master Concept

Under the Implementing Rules, hours worked include all time an employee is required to be on duty or to be at a prescribed workplace, or where the employee’s performance is controlled by the employer. In practice, for drivers and riders this usually covers:

Time actually driving or riding to carry out assignments.
Time between stops (from depot to first drop, between drops, last drop back to depot), unless the last leg is treated as commute per company policy and practice (see Section 5).
Loading/unloading, inspections, paperwork, cash remittance, returns handling, proof-of-delivery steps.
Waiting time that is an integral part of the job (e.g., queueing at a warehouse; waiting at a customer dock; waiting for dispatch while required to stay nearby/available).
On-call periods with significant restrictions (e.g., must stay in a designated area, keep the engine running, or respond within minutes, with discipline for stepping away).

Rest periods of short duration (like 5–20 minute breathers) are typically counted as hours worked when they occur during duty and the employee cannot use them freely. Meal periods are normally unpaid if at least 60 minutes and the employee is fully relieved of duty. If the rider must stay with the vehicle, take calls, or can be interrupted at any time, the meal period tends to be hours worked.

3) The “Field Personnel” Trap (and How Drivers Fit)

The Labor Code excludes field personnel from many hours-of-work protections (overtime, rest day premium, night differential, SIL). Field personnel are those who regularly perform duties away from the principal place of business and whose actual hours cannot be determined with reasonable certainty.

Delivery drivers and riders are not automatically field personnel. Indicators that a driver is not field personnel (thus covered by hours-of-work rules):

Fixed routes or daily trip plans with dispatch times and cut-offs.
Timekeeping exists: trip tickets, GPS/telematics, app logs, e-POD timestamps, fuel logs, gate passes.
Tight dispatch instructions (sequence of drops, time windows, penalties for delay).
Frequent supervision or check-ins (radio/app, control center).

A driver looks more like field personnel when:

Work locations and durations are genuinely variable and not trackable with reasonable certainty.
The employer gives results-only directives (e.g., “finish these tasks anytime, anywhere; tell us when done”) with no practical timekeeping.
The driver sets own routes and timing, and only outcome matters.

Why it matters: If a driver is properly classified as field personnel, overtime/rest day/night premiums typically do not apply. Misclassification is a common compliance risk.

4) Travel Time: What Counts and What Doesn’t

A) Ordinary home-to-work commute

Not hours worked when the driver travels from home to the first required reporting point (e.g., depot/warehouse) and back home after being released from duty.
If the employer changes the starting point (e.g., directs the driver to report to a different depot far away for the day), that still usually remains commute unless the instruction is itself the assignment and the time becomes part of an integrated duty period (facts matter).

B) Depot ↔ first drop; between drops; last drop ↔ depot

Counts as hours worked. This is core duty travel. Traffic delays during these legs still count.

C) Travel between job sites during a shift

Counts. Includes deadhead/empty runs required by dispatch.

D) Required out-of-town / overnight trips

Driving time to carry out the assignment counts.
Time as a passenger can count if the employee is not free to use the time for their own purposes (e.g., must monitor cargo, handle documents, or be on standby under employer control).
Sleeping time off duty generally does not count if the driver is fully relieved and provided a place to sleep. If the driver must stay with the vehicle and respond to alarms or guards the load, much or all of that time may count.

E) Standby and waiting

Controlled waiting (e.g., must remain at the dock area, within a geofenced zone, or respond within a short time) counts.
Uncontrolled waiting (e.g., truly free to leave, run personal errands, not disciplined for being unavailable) may not count.

F) Meal breaks and quick breathers on the road

Unpaid if at least 60 minutes and the driver is fully off duty (can leave the vehicle, no calls, no monitoring).
Paid (counted) if short or if the driver isn’t fully relieved.

G) Employer-provided shuttle

If it merely replaces public transport from home to depot and back, the ride is generally not hours worked.
If use of the shuttle is compulsory and the driver is considered on duty (e.g., pre-briefing on the bus, assignment of tasks, equipment checks), time may count from boarding.

5) Overtime, Premiums, and Night Work

Regular hours: up to 8 hours/day.
Overtime (OT): beyond 8 hours in a day → +25% of hourly rate on ordinary days; higher multipliers on rest days/holidays.
Night Shift Differential (NSD): work between 10:00 p.m. and 6:00 a.m. → +10% of regular wage for each hour of night work (separate from OT).
Rest day work: usually +30% premium over the regular rate; OT on a rest day has a higher OT multiplier.
Holidays: legal and special holiday rules apply; driving on these days triggers corresponding premium pay.

All of the above assume the driver is covered by hours-of-work rules (i.e., not properly classified as field personnel or excluded).

6) Employee vs. Independent Contractor (Platform/Gig Riders)

Even if an agreement says “independent contractor,” DOLE and the courts look at realities:

Four-fold test: (1) power to hire, (2) payment of wages, (3) power to dismiss, and (4) control over means and methods (the most important).
Economic reality: dependence on the platform/company; ability to profit or suffer loss; who supplies vehicle/gear; route and fee control; exclusivity; rating and penalty systems; mandatory log-in hours; geo-fencing.

If the rider is an employee, travel time rules above apply. If truly independent, labor standards on hours worked don’t apply—but other laws (OSH, contract, tort, social security if covered) may still be relevant.

7) Documentation: What Wins (or Loses) a Case

For employers and workers alike, records decide:

Timekeeping artifacts: trip tickets, dispatch sheets, waybills, e-POD timestamps, GPS traces, gate logs, fuel draws, toll receipts, dashcam logs, app event logs.
Policies and SOPs: start/end of shift, meal break rules, standby rules, “report to depot” directives, what counts as travel time, who authorizes OT.
Pay records: itemized payslips showing base hours, OT hours, NSD, premiums, allowances (e.g., per diems), and deductions.
Training & safety records: show compliance with OSH and reasonable scheduling (avoid fatigue).

Missing or inconsistent records often lead to presumptions against the employer in wage claims.

8) Common Delivery Scenarios (How They Usually Compute)

City van driver (employee), depot → multiple drops → depot
- Counted: pre-trip checks; loading; travel to first drop; between drops; last drop back to depot; unloading; cash turn-over; end-of-day paperwork.
- Not counted: home commute to/from depot, unless on-duty tasks start before reaching the depot or continue after leaving it.
Motorcycle courier (employee) on an app, required to stay within a 2-km hub and accept jobs within 3 minutes
- Logged-in, restricted standby between jobs tends to count as hours worked because of tight response and location constraints.
Out-of-town truck run, two drivers alternating
- Driving time counts.
- Off-duty driver’s time may not count if truly relieved and free to sleep/rest, but counts if tasked to monitor cargo or remain on controlled standby.
Platform rider (true independent contractor), free to log in/out anytime, no penalties for declining, can move freely
- Standby time generally not hours worked (no employment relationship). Only completed job pay applies as per contract.

9) Allowances, Reimbursements, and “No Work, No Pay”

Travel/meal allowances and per diems are not a substitute for OT/NSD/premiums when those legally apply.
Fuel, tolls, parking are typically reimbursable business expenses if borne by the driver for company deliveries.
The “no work, no pay” principle applies to unworked days/hours, but does not erase pay for hours actually worked in travel, waiting, or standby that the employer required or controlled.

10) Health, Safety, and Scheduling

Fatigue management is an employer duty under OSH: reasonable scheduling, mandated rest, safe vehicles, and training.
Night work heightens risks: ensure NSD compliance, proper lighting/PPE, and secure stops.
Vehicle checks (pre-trip/post-trip) are part of working time when required.

11) Policy Toolkit (Employer & HR)

Put these in writing and train both dispatch and drivers:

Definition of duty status: off-duty, on-duty driving, on-duty not driving (loading/waiting), meal breaks (paid/unpaid criteria), controlled vs free standby.
Start/stop rules: where the shift begins and ends; whether last leg to depot is required; who can authorize direct-to-home releases.
Time capture: GPS + app logs + manual backups; how to correct errors.
OT authorization: who approves; how to handle traffic or customer delays.
Out-of-town protocol: off-duty windows, sleeper arrangements, paid vs unpaid time, safety stops.
Shuttle policy: whether shuttle time is simply commute or duty time.
Discipline alignment: avoid policies that punish stepping away during “unpaid” breaks—this can convert them into paid, controlled time.
Classification review: annual audit for field personnel status and platform/contractor relationships.

12) Quick Compliance Checklist

Are drivers properly classified (not mis-tagged as field personnel)?
Do we have clear start/end of shift points?
Do our meal break practices fully relieve drivers—if not, are we counting them as hours worked?
Is waiting/standby controlled (counted) or free (not counted)—and do records reflect that?
Are OT, NSD, rest day/holiday premiums computed correctly and shown on payslips?
Do records (GPS/app/logs) align with payroll?
Are allowances separate from statutory premiums?
Are out-of-town rules clear on paid vs unpaid time and sleep periods?
Is OSH (fatigue, maintenance, training) built into scheduling?
Do contracts with riders/contractors pass the control/economic-reality tests?

13) FAQs

Q: If a driver takes the company shuttle from home to depot, is that paid? A: Usually no (it’s commute). If the driver is already being briefed or assigned tasks on the shuttle (i.e., on duty), it may count.

Q: Is time stuck in port or at a mall’s delivery bay paid? A: If the driver must stay with the vehicle, respond to calls, or can’t use the time freely, it’s hours worked.

Q: Our riders “log in” to the dispatch app and must accept jobs within 2 minutes or face penalties. Is idle time paid? A: Those restrictions indicate controlled standby—generally counted as hours worked for employees.

Q: Are motorcycle pre-trip safety checks paid? A: Yes, they are part of the job.

Q: We call our riders ‘contractors.’ Does that avoid OT/NSD? A: Not by itself. Substance over form: if the company controls how, when, and where work is done, an employment relationship can be found.

14) Practical Examples (Computation Snapshots)

Assume a daily-paid driver with a regional minimum wage. Regular rate = ₱X/hour (daily wage ÷ 8).

Ordinary day, 10.5 hours worked (includes controlled waiting and on-duty travel)
- 8 hours at base ₱X
- 2.5 hours OT at ₱X × 1.25
- Add NSD if any hours fall between 10:00 p.m.–6:00 a.m. (+10% per hour), layered on top of OT if both apply.
Rest day run, 9 hours
- 8 hours at rest-day premium (commonly +30%)
- 1 hour OT at rest-day OT multiplier (higher than ordinary OT)
- Add NSD if applicable.
Out-of-town trip, 24 hours elapsed; 12 driving, 8 truly off-duty sleep, 4 controlled standby
- Paid: 12 driving + 4 standby = 16 hours (with applicable OT/NSD).
- Unpaid: 8 hours truly off-duty sleep (if fully relieved and arrangements provided).

15) Takeaways

Travel during the workday and between job sites is working time.
Commute remains generally unpaid, unless on-duty tasks start before or continue after it.
Waiting and standby often flip to paid if the employer’s control is tight.
The field personnel label is narrow—trip logs, dispatch control, and GPS usually defeat it.
Clear, written policies and robust time records are the best defense and the fairest practice.

Need a policy template or a pay-computation worksheet tailored to your routes and shift patterns?

Say the word and I’ll draft one you can drop into your handbook and payroll SOPs.