Labor law

Labor law

by Albert Rosario

​Article 82. Coverage. The provision 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 and Employment in appropriate regulations.

As used herein, "managerial employees" refers 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" refers 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 in

a day.

Health personnel in cities or municipalities with a population of at least one million or in hospitals or

clinics with a bed capacity of at least one hundred shall hold regular office hours for eight hours a day,

for five days a week, or a total of forty hours a week, exclusive of time for meals, except where the

exigencies of the service require that such personnel work for six days, forty-eight hours, in which case

they shall be entitled to an additional compensation of at least 30 percent of their regular wage for work

on the sixth day. For purposes of this Article, "health personnel" shall include: resident physicians,

nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians, paramedical

technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

​Article 85. Meal periods. Subject to such regulations as the Secretary of Labor and Employment may prescribe, it shall be the duty of every employer to give his employees not less than sixty minutes time-off for their regular meals.

Article 85. Meal periods. Subject to such regulations as the Secretary of Labor and Employment mayprescribe, it shall be the duty of every employer to give his employees not less than sixty 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 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 hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plusat least twenty-five percent thereof.

​Article 88. Undertime not offset be 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 performovertime work in any of the following cases:

(a) When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive;

(b) 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;

(c) When there is urgent work to be performed on machines, installation or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;

(d) When the work is necessary to prevent loss or damage to perishable goods;

(e) Where the completion or continuation of the work started before the 8th hour isnecessary 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 2

WEEKLY REST PERIODS

Article 91. Right to weekly rest day. (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 consecutive

hours after every six consecutive normal work days. (b) The employer shall determine and schedule the weekly rest day of his employees,subject to collective 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:

(a) In case of actual or impending emergencies caused by serious accidents, fire, flood,

typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and

property or imminent danger to public safety;

(b) In case of urgent work to be performed on the machinery, equipment or installation to

avoid serious loss which the employer would otherwise suffer;

(c) In the event of abnormal pressure of work due to special circumstances, where the

employer cannot ordinarily be expected to resort to other measures;

(d) To prevent loss or damage to perishable goods;

(e) 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

​(f) 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. (a) Where an employee is made or

permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least 30

percent 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.

(b) 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 30 percent of his regular wage for work performed on Sundays

and holidays.

(c) Work performed on any special holiday shall be paid an additional compensation of

at least 30 percent 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 50 percent of his regular wage.

(d) 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.