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7 CONDITIONS

EMPLOYMENT

OF

Other hours of work:


a. Children (RA 9231)
"Sec. 2-A. Hours of Work of a Working
Child. - Under the exceptions provided
in Section 12 of this Act, as amended:
"(1) A child below fifteen (15) years of
age may be allowed to work for not
more than twenty (20) hours a week:
Provided, That the work shall not be
more than four (4) hours at any given
day;
"(2) A child fifteen (15) years of age but
below eighteen (18) shall not be allowed
to work for more than eight (8) hours a
day, and in no case beyond forty (40)
hours a week;
"(3) No child below fifteen (15) years of
age shall be allowed to work between
eight o'clock in the evening and six
o'clock in the morning of the following
day and no child fifteen (15) years of
age but below eighteen (18) shall be
allowed to work between ten o'clock in
the evening and six o'clock in the
morning of the following day."
b. Teaching or academic personnel
DepEd Order No. 88, s. 2010
Sec. 93. Regular Hours and Teaching
Hours. The regular hours of work of
school personnel in all private schools
shall not exceed eight hours a day.
The Normal teaching hours in the
different levels of instruction shall be
issued through regulation by the
Secretary on the basis of course
requirements and the maximum load of
teaching personnel.
Sec. 94. Hours Worked. Hours worked
in private schools shall include:

a. All time during which a school


personnel is required to be on
duty or to be at a prescribed
workplace or assignment; or
b. All time during which he is
suffered or permitted to work
Rest periods of short duration during the
working hours of each day shall be
counted as hours worked.
CHED Memorandum Circular No. 40,
s. 2008
Sec. 120. Normal Hours of Work:
Academic
Teaching
Personnel
Overload. In accordance with Art. 83 of
the Labor Code of the Philippines, as
amended, the normal hours of work of
school personnel shall not exceed eight
(8) hours a day. Any work done in
addition to the eight (8) hours daily work
shall constitute overtime work.
The normal hours of work of teaching or
academic personnel shall be based on
their normal regular teaching loads.
Such normal or regular teaching loads
shall be based in accordance with the
policies, rules and standards prescribed
by the Commission. Any teaching load in
excess of the normal or regular teaching
load shall be considered as overload.
Overload partakes of the nature of
temporary extra
assignment
and
compensation
therefore
shall
be
considered as an overload honorarium if
performed within the 8-hour work period
and does not form part of the regular or
basic pay. Overload performed beyond
the eight-hour daily work is overtime
work.
As used herein, term regular or basic
pay means all remuneration or earnings
paid by the institution to its personnel for
services rendered on normal working
days and hours but does not include
cost of living allowances, profit sharing
payments,
premium
payments,
honoraria, 13th month pay or other
monetary benefits which are not

considered as part of or integrated into


the regular wage/salary of school
personnel.
Overload is essentially a temporary
arrangement resorted to when there is
no faculty available to teach the
subject/course as part of his/her regular
teaching load.
c. House helper
Art. 1695, Civil Code House helper
shall not be required to work more than
10 hours a day. Every house helper
shall be allowed four days vacation
each month, with pay.
Keeping of Time Records (Omnibus
Rules Implementing Book III, Rule X)
SECTION 7. Time records. Every
employer shall keep an individual time
record of all his employees bearing the
signature or thumbmark of the employee
concerned for each daily entry therein
by means of any of the following
methods:
(a) Through the use of bundy clock by
means of which an employee can punch
in his individual card the time of arrival
and departure from work;
(b) Through the employment of a
timekeeper whose duty is to time in and
out every employee in a record book;
and
(c) By furnishing the employees
individually with a daily time record form
in which they can note the time of their
respective arrival and departure from
work.
SECTION 9. Time records of
executives. Managerial employees,
officers or members of the managerial
staff, as well as non-agricultural field
personnel, need not be required to keep
individual time records, provided that a
record of their daily attendance is kept
and maintained by the employer.

SECTION 10. Records of workers


paid by results. Where the
employees are paid on piece, pakiao,
takay, task, commission or other nontime basis, the employer shall keep
production records showing their daily
output, gross earnings and the actual
number of working hours spent by the
employees on the job, bearing the
signature or thumbmark of the employee
concerned.
Where, however, the
minimum output rates of non-time
workers have been fixed by the
Department of Labor and Employment
or
through
certified
collective
agreements, or are in compliance with
the standards prescribed in Section 8,
Rule VII of this Book, the employer may
dispense with the keeping of time
records, except the daily production
records showing their output or the work
accomplished and gross earnings.

Workweek: Normal and Compressed


DOLE Dept. Advisory No. 2 s. 2004
a CWW [Compressed Workweek]
scheme is an alternative arrangement
whereby the normal workweek is
reduced to less than six days but the
total number of normal work hours per
week shall remain at 48 hours. The
normal workday is increased to more
than eight hours without corresponding
overtime premium. This concept can be
adjusted accordingly in cases where the
normal workweek of the firm is five days.
Conditions:
1. The CWW scheme is undertaken
as a result of an express and
voluntary agreement of majority
of the covered employees or
their
duly
authorized
representatives. This agreement
may be expressed through

collective bargaining or other


legitimate
workplace
mechanisms of participation
such
as
labor-management
councils, employee assemblies
or referenda.
2. In firms using substances,
chemicals and processes or
operating
under
conditions
where
there
are
airborne
contaminants,
human
carcinogens or noise prolonged
exposure to which may pose
hazards to the employees health
and safety, there must be a
certification from an accredited
health and safety organization or
practitioner or from the firms
safety committee that work
beyond eight hours is within
threshold limits or tolerable
levels of exposure, as set in the
OSHS.
3. The employer shall notify DOLE,
through the Regional Office
having jurisdiction over the
workplace, of the adoption of the
CWW scheme. The notice shall
be in DOLE CWW Report Form
attached to this advisory.
Effects:
1. Unless there is a more favorable
practice existing in the firm, work
beyond eight hours will not be
compensable
by
overtime
premium provided the total
number of hours worked per day
shall not exceed twelve hours. In
any case, any work performed
beyond 12 hours a day or 48
hours a week shall be subject to
overtime premium.
2. Consistent with Articles 85 of the
Labor Code, employees under a
CWW scheme are entitled to
meal periods of not less than
sixty (6) minutes. Nothing herein
shall impair the right of
employees to rest days as well

as to holiday pay, rest day pay or


leaves in accordance with law or
applicable collective bargaining
agreement or company practice.
3. Adoption of the CWW scheme
shall in no case result in
diminution of existing benefits.
Reversion to the normal eighthour workday shall not constitute
a diminution of benefits. The
reversion shall be considered a
legitimate
exercise
of
management
prerogative,
provided that the employer shall
give the employees prior notice
of such reversion within a
reasonable period of time.
Flexible Work Arrangements (DOLE
Dept. Advisory No. 2 s. 2009)
1. Compressed Workweek the
normal workweek is reduced to
less than 6 days but the total
number of work-hours of 48
hours per week shall remain. The
normal workday is increased to
more than eight hours but not to
exceed twelve hours, without
corresponding
overtime
premium.
2. Reduction of workdays the
normal workdays per week are
reduced but should not last for
more than six months.
3. Rotation of workers the
employees are rotated or
alternately provided work within
the workweek.
4. Forced leave employees are
required to go on leave for
several days or weeks utilizing
their leave credits if there are
any.
5. Broken-time schedule the work
schedule is not continuous but
the work-hours within the day or
week remain.
6. Flexi-holidays
schedule

employees agree to avail the


holidays at some other days

provided there is no diminution of


existing benefits as a result of
such arrangement.
Prior to implementation, the employer
shall notify the Department, through the
Regional Office having jurisdiction over
the workplace, of the adoption of any of
the above flexible work arrangements.
The notice shall be in Report Form
attached to this advisory.
The Regional Office shall conduct an
ocular visit to validate whether the
adoption
of
the
flexible
work
arrangements is in accordance with this
issuance.
2010 DOLE BWC Handbook on
Workers Statutory Monetary Benefits
D. Monthly-Paid Employees
Daily-Paid Employees

and

Monthly-paid employees are those who


are paid every day of the month,
including unworked rest days, special
days, and regular holidays.
Daily-paid employees are those who are
paid on the days they actually worked
and on unworked regular holidays.
E. Computation of the Estimated
Equivalent Monthly Rate
(EEMR) of Monthly-Paid and Daily-Paid
Employees
For monthly-paid employees:
Factor 365 days in a year is used in
determining the equivalent annual and
monthly
salary
of
monthly-paid
employees. To compute their Estimated
Equivalent Monthly Rate (EEMR), the
procedure is as follows:
Applicable Daily Rate x 365 = EEMR
12
where 365 days/year =

299 ordinary working days


52 rest days
11 regular holidays
3 special days
For daily-paid employees:
The following factors and formula may
be used in computing the EEMR of
different groups of daily-paid employees
for purposes of entitlement to minimum
wages and allied benefits under existing
laws.
1. For those who are required to work
everyday, including Sundays or rest
days, special days, and regular holidays
Applicable Daily Rate x 392.5 = EEMR
12
where 392.5 days/year =
299 ordinary working days
22 11 regular holidays x 200%
67.6 52 rest days x 130%
3.9 three special days x 130%
2. For those who do not work and are
not considered paid on Sundays or rest
days
Applicable Daily Rate x 313 = EEMR
12
where 313 days/year =
299 ordinary working days
11 regular holidays
3 special days (if considered
paid; if actually worked, this is
equivalent to 3.9 days)

3. For those who do not work and are


not considered paid on Saturdays and
Sundays or rest days
Applicable Daily Rate x 261 = EEMR
12
where 262 days/year =
247 ordinary working days

11 regular holidays
3 special days (if considered
paid; if actually worked, this is
equivalent to 3.9 days)