BOOK THREE
CONDITIONS OF EMPLOYMENT
Title I
WORKING CONDITIONS AND REST PERIODS
Chapter I
HOURS OF WORK
Article 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.
Article 83. Normal hours
of work. The normal hours of work of any employee shall not exceed
eight (8) hours a day.
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. For purposes of
this Article, "health personnel" shall include resident physicians,
nurses, nutritionists, dietitians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists, midwives, attendants and
all other hospital or clinic personnel.
Article 84. Hours worked. 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.
Rest periods of short duration during
working hours shall be counted as hours worked.
Article 85. Meal periods. Subject
to such regulations as the Secretary of Labor may prescribe, it shall be the
duty of every employer to give his employees not less than sixty (60) minutes
time-off for their regular meals.
Article 86. Night shift
differential. 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.
Article 87. Overtime work. 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.
Article 88. Undertime not
offset by overtime. Undertime work on any particular day shall not be
offset by overtime work on any other day. Permission given to the employee to
go on leave on some other day of the week shall not exempt the employer from
paying the additional compensation required in this Chapter.
Article 89. Emergency
overtime work. Any employee may be required by the employer to perform
overtime work in any of the following cases:
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;
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;
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;
When the work is necessary to prevent
loss or damage to perishable goods; and
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.
Any employee required to render overtime
work under this Article shall be paid the additional compensation required in
this Chapter.
Article 90. Computation of
additional compensation. For purposes of computing overtime and other
additional remuneration as required by this Chapter, the "regular
wage" of an employee shall include the cash wage only, without deduction
on account of facilities provided by the employer.
Chapter II
WEEKLY REST PERIODS
Article 91. Right to
weekly rest day.
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.
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.
Article 92. When employer
may require work on a rest day. The employer may require his employees
to work on any day:
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;
In cases of urgent work to be performed
on the machinery, equipment, or installation, to avoid serious loss which the
employer would otherwise suffer;
In the event of abnormal pressure of work
due to special circumstances, where the employer cannot ordinarily be expected
to resort to other measures;
To prevent loss or damage to perishable
goods;
Where the nature of the work requires
continuous operations and the stoppage of work may result in irreparable injury
or loss to the employer; and
Under other circumstances analogous or
similar to the foregoing as determined by the Secretary of Labor and
Employment.
Article 93. Compensation
for rest day, Sunday or holiday work.
Where an employee is made or permitted to
work on his scheduled rest day, he shall be paid an additional compensation of
at least thirty percent (30%) of his regular wage. An employee shall be
entitled to such additional compensation for work performed on Sunday only when
it is his established rest day.
When the nature of the work of the
employee is such that he has no regular workdays and no regular rest days can
be scheduled, he shall be paid an additional compensation of at least thirty
percent (30%) of his regular wage for work performed on Sundays and holidays.
Work performed on any special holiday
shall be paid an additional compensation of at least thirty percent (30%) of
the regular wage of the employee. Where such holiday work falls on the
employee’s scheduled rest day, he shall be entitled to an additional
compensation of at least fifty per cent (50%) of his regular wage.
Where the collective bargaining agreement
or other applicable employment contract stipulates the payment of a higher
premium pay than that prescribed under this Article, the employer shall pay
such higher rate.
Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES
Article 94. Right to
holiday pay.
Every worker shall be paid his regular
daily wage during regular holidays, except 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; and
As used in this Article,
"holiday" includes: New Year’s Day, Maundy Thursday, Good Friday, the
ninth of April, the first of May, the twelfth of June, the fourth of July, the
thirtieth of November, the twenty-fifth and thirtieth of December and the day
designated by law for holding a general election.
Article 95. Right to
service incentive leave.
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.
The grant of benefit in excess of that
provided herein shall not be made a subject of arbitration or any court or
administrative action.
Article 96. Service
charges. All service charges collected by hotels, restaurants and
similar establishments shall be distributed at the rate of eighty-five percent
(85%) for all covered employees and fifteen percent (15%) for management. The
share of the employees shall be equally distributed among them. In case the
service charge is abolished, the share of the covered employees shall be
considered integrated in their wages.
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