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This document summarizes Philippine labor law regarding hours of work, overtime, compressed work weeks, work interruptions, and meal breaks. Some key points include:
- The normal hours of work are 8 hours per day and 40 hours per week. Any work beyond this is considered overtime.
- Compressed work weeks are allowed if employees agree to work 9 hours per day from Monday to Friday in exchange for no work on Saturdays.
- Brownouts of 20 minutes or less are considered worked hours, while longer brownouts may not be if employees can leave their work area.
- Meal breaks must be at least 1 hour but can be shortened to 30 minutes if certain conditions are met, such as with the
This document summarizes Philippine labor law regarding hours of work, overtime, compressed work weeks, work interruptions, and meal breaks. Some key points include:
- The normal hours of work are 8 hours per day and 40 hours per week. Any work beyond this is considered overtime.
- Compressed work weeks are allowed if employees agree to work 9 hours per day from Monday to Friday in exchange for no work on Saturdays.
- Brownouts of 20 minutes or less are considered worked hours, while longer brownouts may not be if employees can leave their work area.
- Meal breaks must be at least 1 hour but can be shortened to 30 minutes if certain conditions are met, such as with the
This document summarizes Philippine labor law regarding hours of work, overtime, compressed work weeks, work interruptions, and meal breaks. Some key points include:
- The normal hours of work are 8 hours per day and 40 hours per week. Any work beyond this is considered overtime.
- Compressed work weeks are allowed if employees agree to work 9 hours per day from Monday to Friday in exchange for no work on Saturdays.
- Brownouts of 20 minutes or less are considered worked hours, while longer brownouts may not be if employees can leave their work area.
- Meal breaks must be at least 1 hour but can be shortened to 30 minutes if certain conditions are met, such as with the
Coverage/Exclusions Idle time, waiting time, commuting
time, travel time, whether part of hours Normal Hours of Work of work or not Compressed Work Week Overtime work Work Interruption due to Brownouts Night Work Meal Break COVERAGE All employees in all establishments, whether operated for profit or not, are covered by the law on labor standards EXCEPTIONS: Government employees Managerial employees Other officers or members of a managerial staff Domestic Servants and persons in the personal service of another; Workers paid by results Non-agricultural field personnel Members of the family of the employer NORMAL HOURS OF WORK The total number of working hours of a worker or employee shall not exceed 8 hours daily---the normal hours of work. Any work in excess of eight (8) hours is considered overtime work. Exceptions: Reduction of 8-hour working day by employer (provided that no corresponding deduction is made on the employees wage or salary equivalent to an 8-hour work day. Broken hours The normal 8-working hours mandated by the law does not always mean continuous and uninterrupted 8 hours of work. NORMAL HOURS OF WORK Exceptions: Staggered working time (alternated, rotation, varied) Work in different shifts Reduction of workdays on account of losses Workdays may be reduced in situations where the reduction in the number of regular working days is resorted to by the employer to prevent serious losses due to causes beyond his control, such as when there is a substantial slump in the demand for his goods or services or when there is lack of raw material. NORMAL HOURS OF WORK Exceptions: Flexible work schedule under R.A. No. 8972 (The Solo Parents Welfare Act of 2000) Flexible work schedule the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer Solo parents are allowed to work on a flexible schedule, provided, that the same shall not affect individual and company productivity. But, any employer may request for exemption from the above requirements from the DOLE on certain meritorious grounds.
Flexible work arrangements during economic difficulties and
national emergencies Part-time work (E-Er must have an agreement) NORMAL HOURS OF WORK HOURS OF WORK OF HOSPITAL AND CLINIC PERSONNEL (Art. 83) Coverage: All hospitals and clinics, including those with a bed capacity of less than 100 which are situated in cities or municipalities with a population of one (1) million or more; and All hospitals and clinics with a bed capacity of at least 100, irrespective of the size of the population of the city or municipality where they may be situated.
HEALTH PERSONNEL resident physicians, nurses, nutritionists,
dieticians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel NORMAL HOURS OF WORK HOURS OF WORK OF HOSPITAL AND CLINIC PERSONNEL (Art. 83) Regular working hours of hospital and clinic personnel Shall not be more than 8 hours in any one day nor more than 40 hours in any one week
Regular working days of hospital and clinic personnel
Shall not be more than 5 days in a workweek. The workweek may begin in any hour and on any day including Saturday or Sunday, designated by the employer. Employers are not precluded from changing the time at which the workday or workweek begins provided that the change is not intended to evade the requirements of Rule 1- A of the Rules to Implement the Labor Code. NORMAL HOURS OF WORK HOURS OF WORK OF HOSPITAL AND CLINIC PERSONNEL (Art. 83) Overtime work of Hospital or Clinic personnel Where the exigencies of the service so require as determined by the employer, any employee by be scheduled to work for more than 5 days or 40 hours a week provided that the employee is paid for the overtime work an additional compensation equivalent to regular wage plus at least 30% thereof. COMPRESSED WORKWEEK (CWW) Compressed workweek allowed. The employer may compress the work days from 6 days (Monday to Saturday) to 5 days (Monday to Friday) under certain conditions imposed by the DOLE. Requirements: The employees voluntarily agree to work 9 hours a day from Monday to Friday There should be no diminution in the take-home pay and fringe benefits of the employees The value of the benefits that will accrue to the employees under the proposed work schedule is more than or, at least, commensurate with, or equal to, the one-hour overtime pay that is due them during weekdays based on the employees quantification COMPRESSED WORKWEEK (CWW) Requirements: The one-hour overtime pay of the employees will become due and demandable if ever they are permitted or made to work on any Saturday during the effectivity of the new working time arrangement, since the agreement between the employees and management is that there will be no Saturday work in exchange for a longer work day during weekdays The work of the employees does not involve strenuous physical exertion and they are provided with adequate rest periods or coffee breaks in the morning and afternoon The effectivity of the proposed arrangement should be of temporary duration as determined by the Secretary of Labor and Employment. WORK INTERRUPTION DUE TO BROWNOUTS Brown-outs of short duration but not exceeding 20 minutes shall be treated as worked or compensable hours whether used productively by the employees or not. Brown-outs running for more than 20 minutes may not be treated as hours worked provided the following conditions are present: The employees can leave their workplace or go elsewhere whether within or without the work premises; or The employees can use the time effectively for their own interest. WORK INTERRUPTION DUE TO BROWNOUTS In each case, the employer may extend the working hours of his employees outside the regular schedules to compensate for the loss of productive man-hours without being liable for overtime pay. Industrial enterprises with one or two workshifts may adopt any of the workshifts prescribed for enterprises with 3 workshifts to prevent serious loss or damage to materials, machineries or equipment that may result in case of power interruptions. The days when work was not required and no work could be done because of shutdown due to electrical power interruptions, lack of raw materials and repair of machines, are not deemed hours worked. MEAL BREAKS (Art. 85, LC) General rule on meal period. Every employer is required to give his employees, regardless of sex, not less than one (1) hour (or 60 minutes) time-off for regular meals. It is not compensable hours worked. The employee is free to do anything he wants, except to work. If he is required, however, to work while eating, he should be compensated therefor. MEAL BREAKS (Art. 85, LC) Shortening of meal time to not less than 20 minutes, when compensable. where the work is non-manual work in nature or does not involve strenuous physical exertion Where the establishment regularly operates for not less than 16 hours a day In cases of actual or impending emergencies or when there is urgent work to be performed on machineries, equipment or installments to avoid serious loss which the employer would otherwise suffer Where the work is necessary to prevent serious loss of perishable goods MEAL BREAKS (Art. 85, LC) Shortening of meal time to not less than 20 minutes, when NOT compensable. If the purpose is for the employees to be allowed to work earlier than the lapse of 8 hours required by law. Requirements: The employees voluntarily agree in writing to a shortened meal period of 30 minutes and are willing to waive the overtime pay for such shortened meal period. There should be no diminution in the benefits of the employees which they receive prior to the effectivity of the shortened meal period The work of the employees does not involve strenuous physical exertion and they are provided with adequate coffee breaks in the morning and afternoon MEAL BREAKS (Art. 85, LC) Shortening of meal time to not less than 20 minutes, when NOT compensable. Cont. of Requirements: The value of the benefits derived by the employees from the proposed work arrangement is equal to or commensurate with the compensation due them for the shortened meal period as well as the overtime pay for 30 minutes as determined by the employees concerned The OT pay of the employees will become due and demandable if ever they are permitted or made to work beyond 4:30 pm The effectivity of the proposed working time arrangement shall be for temporary duration as determined by the Secretary of Labor and Empployment. MEAL BREAKS (Art. 85, LC) Shortening of meal time to not less than 20 minutes, effect. The law does not allow that meal time be shortened to less than twenty (20) minutes. If so reduced, the same shall no longer be considered as a meal time but merely as rest period or coffee break, therefore, becomes compensable working time. IDLE TIME, WAITING TIME, COMMUTING TIME, TRAVEL TIME, WHETHER PART OF HOURS WORK OR NOT (ART. 84, LC) COMPENSABLE HOURS WORKED All the time during which an employee is required to be on duty or to be at the employers premises or to be at prescribed workplace All the time during which an employee is suffered or permitted to work. IDLE TIME, WAITING TIME, COMMUTING TIME, TRAVEL TIME, WHETHER PART OF HOURS WORK OR NOT (ART. 84, LC) SOME PRINCIPLES IN DETERMINING HOURS WORKED All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion An employee need not leave the premises of the workplace in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his workplace to go elsewhere, whether within or outside the premises of his workplace If the work performed was necessary or it benefited the employer or the employee could not abandon his work at the end of his normal working hours, all time spent for such work shall be considered as hours worked if the work was with the knowledge of his employer or immediate supervisor IDLE TIME, WAITING TIME, COMMUTING TIME, TRAVEL TIME, WHETHER PART OF HOURS WORK OR NOT (ART. 84, LC) SOME PRINCIPLES IN DETERMINING HOURS WORKED The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time either if the imminence of the resumption of work requires the employees presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employees own interest. IDLE TIME The idle time during which an otherwise off- duty employee remains available to be called to work may or may not be compensable, depending upon the situation. GENERAL RULE: The issue of compensability depends on whether the time is spent primarily for employers benefit as opposed to the employees. The answer usually turns upon the extent to which employee is able to and does use the time effectively for personal purposes. IDLE TIME FACTORS FOR DETERMINING COMPENSABILITY The employer requires the employee to remain in the employers premises; The employer requires the employee to wait at home for calls or messages or confines the employee to a highly restricted geographical area; The employee receives numerous or frequent work assignments during the on-call period; The employee must respond within a short timeframe under the circumstances (esp if the employee must travel somewhere to do the work) Requires the employee to be on-call frequently, never relieves the employee from on-call status, does not permit the employee to exchange calls or call periods with another worker, or does not allow the employee to turn down at least some calls; and There is an agreement or understanding covering the arrangement. WAITING TIME It is compensable or considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait. Time spent waiting for work is compensable if it is spent primarily for the benefit of the employer and its business. In determining whether waiting time constitutes hours worked, the amount of control the employer has over the employee during the waiting time, and whether the employee can effectively use that time for his own purposes is material. COMMUTING TIME AND TRAVEL TIME A. TRAVEL FROM HOME TO WORK An employee who travels from home before his regular workday and returns to his home at the end of the workday is engaged in ordinary home-to-work travel which is a normal incident of employment and, therefore, not considered as hours worked. But while normal travel from home to work is not working time, if an employee receives an emergency call outside of his regular working hours and is required to travel to his regular place of business or some other worksite, all of the time spent in such travel is considered working time. COMMUTING TIME AND TRAVEL TIME B. TRAVEL THAT IS ALL IN THE DAYS WORK Time spent by an employee in travel as part of his principal activity, such as travel from jobsite during workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick and to carry tools, the travel from the designated place to the workplace is part of the days work and must be counted as hours worked regardless of contract, custom or practice. COMMUTING TIME AND TRAVEL TIME C. TRAVEL AWAY FROM HOME Travel that keeps the employee away from home overnight is travel away from home. Travel away from home is clearly working time when it cuts across the employees workday. The employee is simply substituting travel for other duties. Any work which an employee is required to perform while travelling must be counted as hours worked. An employee who drives a truck, bus, automobile, boat, or airplane or an employee who is required to ride therein as an assistant or helper, is working while riding, except during bona-fide meal periods or when he is permitted to sleep in adequate facilities furnished by the employer. OVERTIME WORK (ART. 87, LC) SOME PRINCIPLES ON OVERTIME WORK Work rendered after normal 8 hours of work is called overtime work. In computing overtime work, regular wage or basic salary means cash wage only without deduction for facilities provided by the employer. Premium pay means the additional compensation required by law for work performed within 8 hours on non- working days, such as regular holidays, special holidays and rest days. Overtime pay means the additional compensation for work performed beyond 8 hours. Every employee entitled to premium pay is also entitled to the benefit of overtime pay. OVERTIME WORK (ART. 87, LC) HOW OVERTIME IS COMPUTED Situation OT Pay For overtime work performed on an Plus 25% of the basic hourly rate ordinary day For overtime work performed on a rest Plus 30% of the basic hourly rate day or on a special day which includes 30% additional compensation (as provided in Art. 93(a) of the Labor Code For overtime work performed on a Plus 30% of the basic hourly rate regular holiday which includes 100% additional compensation (as provided in Art. 94(b) of the Labor Code For overtime work performed on a rest Plus 30% of the basic hourly rate day which falls on a regular holiday which includes 160% additional compensation EMERGENCY OVERTIME WORK (ART. 89, LC) GENERAL RULE: No employee may be compelled to render overtime work against his will. EXCEPTIONS: A. 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; 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, installations, 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; and E. 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. F. When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. UNDERTIME NOT OFFSET BY OVERTIME (ART. 88, LC) 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 by law such as overtime pay or night shift differential pay. WAIVER OF OVERTIME PAY GENERAL RULE: The right to claim overtime pay is not subject to a waiver. Such right is governed by law and not merely by the agreement of the parties. EXCEPTION: But if the waiver is done in exchange for and in consideration of certain valuable privileges, among them that of being given tips when doing overtime work, there being no proof that the value of said privileges did not compensate for such work, such waiver may be considered valid. NIGHT WORK (ART. 86, LC) NIGHT SHIFT DIFFERENTIAL It is equivalent to 10% of employees regular wage for each hour of work performed between 10:00 pm and 6:00 am of the following day. NIGHT SHIFT DIFFERENTIAL vs. OVERTIME PAY Night shift differential pay is for work done during the night; while Overtime pay is for work in excess of the regular 8 working hours. NIGHT WORK (ART. 86, LC) COMPUTATION OF NIGHT SHIFT DIFFERENTIAL PAY
Where night shift (10pm to NIGHT SHIFT DIFFERENTIAL PAY
6am) work is regular work a. On an ordinary day Plus 10% of the basic hourly rate or a total of 110% of the basic hourly rate b. On an a rest day, special Plus 10% of the regular hourly day or regular holiday rate on a rest day, special day or regular holiday or a total of 110% of the regular hourly rate NIGHT WORK (ART. 86, LC) COMPUTATION OF NIGHT SHIFT DIFFERENTIAL PAY
Where night shift (10pm to NIGHT SHIFT DIFFERENTIAL PAY
6am) work is overtime work a. On an ordinary day Plus 10% of the overtime hourly rate or a total of 110% of the overtime hourly rate on an ordinary day b. On an a rest day, special Plus 10% of the overtime hourly day or regular holiday rate on a rest day, special day or regular holiday NIGHT WORK (ART. 86, LC) COMPUTATION OF NIGHT SHIFT DIFFERENTIAL PAY
For overtime work in the night NIGHT SHIFT DIFFERENTIAL PAY
shift a. On an ordinary day Plus 10% of 125% of basic hourly rate or a total of 110% of 125% of basic hourly rate b. On an a rest day, special Plus 10% of 130% of regular day or regular holiday hourly rate on said days or a total of 110% of 130% of applicable regular hourly rate