TITLE 1 - WORKING CONDITIONS AND REST PERIODS

• The following employees are excluded: 

  • Government Employees
  • Managerial Employees
  • Managerial Staff
  • 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
  • Non- Agricultural Employees (Field Personnel)
• 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. 
• The normal hours of work of any employee shall not exceed eight (8) hours a day.
• Hours worked shall include

  • (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and
  • (b) all time during which an employee is suffered or permitted to work.

   
• Health Personnel


  • Resident physicians
  • Nurses
  • Nutritionists
  • Dietitians
  • Pharmacists
  • Social workers
  • Laboratory technicians
  • Paramedical technicians
  • Psychologists
  • Midwives
  • Attendants
  • All other hospital or clinic personnel
• Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day.
• R.A. No. 7305 (1992) - Magna Carta of Public Health Workers.
• • It shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.
  • Meal time is not compensable except in cases where the lunch period or meal time is predominantly spent for the employer’s benefit or where it is less than 60 minutes.
• Meal period may be less than 60 minutes but should be less than 20 minutes and the shortened mealtime must be with full pay, under the following instances: 

  • Where the work in non-manual work in nature or does not involve strenuous physical exertion; 
  • Where the establishment regularly operates not less than 16 hours a day;
  • In cases of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer, and 
  • Where the work is necessary to prevent serious loss of perishable goods. 
• If less than 20 minutes it becomes only a rest period and is considered as work time and considered as compensable working time.
• Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. 
• Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work,

  • an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof.
  • Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.
• OVERTIME WORK

  • Ordinary Day - Plus 25% of the basic hourly rate
  • Rest day or on a special holiday - Plus 30% of the basic hourly rate which includes 30% of additional compensation
  • Rest day which falls on a special holiday - Plus 30% of the basic hourly rate which includes 50% of additional compensation
  • Regular Holiday - Plus 30% of the basic hourly rate which includes 100% of additional compensation
  • Rest day which falls on a regular holiday - Plus 30% of the basic hourly rate which includes 160% of additional compensation
• When an employee may be required to perform overtime work

  1. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive

  2. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity

  3. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature

  4. When the work is necessary to prevent loss or damage to perishable goods

  5. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer
• Omnibus Rules Implementing the Labor Code - allows meal periods to be less than 60 minutes, under specified cases, provided that such shorter meal periods are credited as compensable hours.
• "National Assembly" - Congress
• (a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.

   

  (b) The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary

  of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.
• When the employer may require employees to work on any day

  1. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety

  2. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer

  3. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures

  4. To prevent loss or damage to perishable goods

  5. Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer

  6. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment
• Sec. 4 (Preference of employee), Rule III, Book III of the Omnibus Rules Implementing the Labor Code - the employer may so schedule the weekly rest day of his choice for at least two (2) days in a month
• Work on a scheduled rest day - 30% of regular wage
• NO REGULAR WORKDAYS AND NO SPECIFIC 30% OF REGULAR WAGE FOR WORK

  • no regular work days and no specific rest days performed on Sunday and holidays - 30% of regular wage for work
  • Work on Sunday when it is his established rest day - 30% of regular wage
  • Work on Sunday when it is his established rest day - 30% of regular wage
  • Work on special holiday - 30% of regular wage
  • Work on special holiday falling on scheduled rest day - 50% of regular wage
  • Work on regular holiday falling on scheduled rest day - 260% of regular wage
• Section 2 of E.O. No. 203 (1987) - provides that “the terms ‘legal or regular holiday’ and ‘special holiday’ shall now be referred to as ‘regular holiday’ and ‘special day’
• RIGHT TO HOLIDAY PAY

  • General Rule: Every worker shall be paid his regular daily wage during regular holidays
  • Exception: In retail and service establishments regularly employing less than ten (10) workers.
• The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate.
• REGULAR HOLIDAYS

  • New Year’s Day January 1
  • Maundy Thursday Movable date
  • Good Friday Movable date
  • Eid’l Fitr Movable date
  • Eid’l Adha Movable date
  • Araw ng Kagitingan Monday nearest April 9
  • Labor Day Monday nearest May 1
  • Independence Day Monday nearest June 12
  • National Heroes Day Last Monday of August
  • Bonifacio Day Monday nearest November 30
  • Christmas Day December 25
  • Rizal Day Monday nearest December 30
• NATIONWIDE SPECIAL HOLIDAYS

  • Ninoy Aquino Day Monday nearest August 21
  • All Saints Day November 1
  • Last day of the year December 31
• Arts. 169 and 170 of P.D. No. 1083 -

  • Code of Muslim Personal Laws of the Philippines,
  • Provinces of Basilan, Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur, and in the Cities of Cotabato, Iligan, Marawi, Pagadian, and Zamboanga:
• Amun Jadid (New Year), which falls on the first day of the first lunar month of Muharram
• Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the third lunar month of Rabi-ulAwwal;
• Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet Muhammad), which falls on the twenty-seventh day of the seventh lunar month of Rajab
• Id-ul-Fitr (Hari Raya Puasa), which falls on the first day of the tenth lunar month of Shawwal, commemorating the end of the fasting season;

   
• Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar month of Dhu 1-Hijja.
• Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
• This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.
• • In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week.
  • If the holiday falls on a Sunday, the holiday will be observed on the Monday that follows:
  • “Provided, That for movable holidays, the President shall issue a specific date shall be declared as a nonworking day.”
•  R.A. No. 8972 -

  • Solo Parents' Welfare Act, for Parental Leave
  • “granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required
• R.A. No. 9262,

  • Anti-Violence Against Women and their Children Act of 2004, - for the Battered Woman Leave, thus “
  • victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order”;
• R.A. No. 9710

  • Magna Carta of Women,
  • which grants a special leave benefit of two months with full pay after a surgery caused by gynecological disorders
• R.A. No. 8187,

  • Paternity Leave Act of 1996, which grants every married male employee
  • “to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.”