WORKING HOURS

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Labor and Employment Working Hours

Philippines Overview: Working Hours,

Overtime, and Coverage of Other
Mandatory Labor Rights
Under the provisions of Article 82 of the Labor
Code of the Philippines, working hours apply to
employees in all establishments and
undertakings whether for proNt or not,
EXCLUDING the following:

government employees;
managerial employees;
Neld personnel;
family members of the employer who
depend on him for support;
domestic helpers;
persons who provide personal service to
other people; and
workers who are paid by results as
determined by the Secretary of Labor in
appropriate regulations.

Working Hours in the Philippines

Normal Working Hours

The normal hours of work an employee has to
render must not exceed eight (8) hours a day
and should be exclusive of the one (1) hour
daily lunch break. Philippine laws, however, do
not prohibit work done for less than eight
hours.

Working hours shall include:

all time during which an employee is

required to be on duty and/or to be at a
prescribed workplace;
all time during which an employee is
permitted to work; and
rest periods of short duration during
working hours.

Meal Periods
Every employer is mandated by the Labor Code
to give their employees not less than sixty (60)
minutes’ time-off for their regular meals.
During day shifts, this time-off is usually during
12:00 PM.

Night Shift Differential

Pay
Every employee shall be paid a night shift
premium of not less than 10% of their regular
wage for each hour of work performed
between 10:00 PM and 6:00 AM.

Overtime Work
Work may be performed beyond eight hours a
day provided that the employee is paid for the
overtime work, which consists of an additional
compensation equivalent to his regular wage
plus at least 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 Nrst
eight hours plus at least 30% thereof.

Undertime Not Offset by

Overtime
Article 88 of the Labor Code enunciates that
undertime work on a business day shall not be
offset by overtime work on any other day. The
law discourages the offset because the hourly
rate of overtime is higher than the hours
missed when an employee works for less than
eight hours.

Permission given to the employee to go on

leave for a day in a regular work week shall not
exempt the employer from paying the
additional compensation required for the
overtime work done.

Emergency Overtime
Work
An employee may be required to perform
overtime work in any of the following cases:

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 in cases of imminent
danger to public safety due to actual or
impending emergencies in the locality
caused by serious accidents, Nre, cood,
typhoon, earthquake, epidemic or any
other disaster;
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; and
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.

When employer may require work on a rest day

The employer may require

his employees to work on
any day:
1. In case of actual or impending
emergencies caused by serious accident,
Nre, cood, 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; and
6. Under other circumstances analogous or
similar to the foregoing as determined by
the Secretary of Labor and Employment.

Employee Right to Weekly Rest Day, Holiday Pay, and

Service Incentive Leave

Right to Weekly Rest Day

It shall be the duty of every employer 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 to be
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.

Right to holiday pay

1. Every worker shall be paid his regular
daily wage during regular holidays,
except in retail and service
establishments regularly employing less
than 10 workers;
2. 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
3. As used in this Article, “holiday” includes:
New Year’s Day, Maundy Thursday, Good
Friday, the ninth of April, the Nrst of May,
the twelfth of June, the fourth of July, the
thirtieth of November, the twenty-Nfth
and thirtieth of December, and the day
designated by law for holding a general
election.

Right to service incentive

leave
1. Every employee who has rendered at
least one year of service shall be entitled
to a yearly service incentive leave of Nve
days with pay.
2. This provision shall not apply to those
who are already enjoying the beneNt
herein provided, those enjoying vacation
leave with pay of at least Nve days and
those employed in establishments
regularly employing less than ten
employees or in establishments
exempted from granting this beneNt by
the Secretary of Labor and Employment
in the Philippines after considering the
viability or Nnancial condition of such
establishment.
3. The grant of beneNt in excess of that
provided herein shall not be made a
subject of arbitration or any court or
administrative action.

Mandatory Compensation for Rest Day, Sunday or

Holiday Work

Article 93 of the Labor Code stipulates that:

When an employee is made or permitted

to work on their scheduled rest day, they
shall be paid an additional compensation
of at least thirty percent (30%) of their
regular wage. They shall be entitled to
such additional compensation for work
performed on Sunday only when it is
their established rest day.
When the nature of the work of the
employee is such that they have no
regular work days and no regular rest
days can be scheduled, they shall be paid
an additional compensation of at least
thirty percent (30%) of their 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
employee’s regular wage. When such
holiday work falls on an employee’s
scheduled rest day, they shall be entitled
to an additional compensation of at least
Nfty percent (50%) of their regular wage.
When the collective bargaining
agreement or other applicable
employment contract stipulates the
payment of a higher premium pay than
prescribed by the Labor Code, the
employer shall pay such higher rate.

Service charges

All service charges collected by hotels,

restaurants, and similar establishments shall
be distributed at the rate of 85% for all covered
employees and 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.

For more consultation on working hours in the

Philippines please contact one of our HR
Consultants or Labor Lawyers.

Contact Us

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cor RuNno St., Makati City, Philippines 1226

Phone: (+632) 224-1833

Email: [email protected]

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