Working conditions refer to the environment and terms/conditions of employment.
1. Coverage
The provisions of [herein] shall apply to employees (“covered 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. (Article 82, P.D. 442, Labor Code)
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. (Paragraph 2, Article 82, Ibid.)
“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. (Paragraph 3, Article 82, Ibid.)
2. Work hours in a day
a. 8-hour workday
The normal hours of work of any employee shall not exceed eight (8) hours a day. (Article 83, Ibid.)
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. (Ibid.)
For purposes [herein], “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. (Ibid.)
1) 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 87, Ibid.)
2) Emergency overtime work
Any employee may be required by the employer 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 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;
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. Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. (Article 89, Ibid.)
Omnibus Rules. In any of the following cases, an employer may require any of his employees to work beyond eight (8) hours a day, provided that the employee required to render overtime work is paid the additional compensation required by these regulations:
1) When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive;
2) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other disaster or calamities;
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 causes of similar nature;
4) When the work is necessary to prevent loss or damage to perishable goods;
5) When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer; or
6) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. (Section 10, Rule I, Omnibus Rules Implementing the Labor Code)
In cases not falling within any of these enumerated in this Section, no employee may be made to work beyond eight hours a day against his will. (Paragraph 2, Section 10, Rule I, Ibid.)
3) 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 88, P.D. 442, Labor Code)
For more information, see: Overtime Pay
b. Hours worked
Hours worked shall include:
1) All time during which an employee is required to be on duty or to be at a prescribed workplace; and
2) All time during which an employee is suffered or permitted to work. (Article 84, Ibid.; Section 3, Rule I, Omnibus Rules Implementing the Labor Code)
Rest periods of short duration during working hours shall be counted as hours worked. (Ibid.)
1) Principles in determining hours worked
The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule:
1) All hours are hours worked which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.
2) An employee need not leave the premises of the work place in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his work place, to go elsewhere, whether within or outside the premises of his work place.
3) 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 because he had no replacement, 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.
4) 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 employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest. (Section 4, Rule I, Omnibus Rules Implementing the Labor Code)
2) Waiting time
Waiting time spent by an employee shall be 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. (Section 5[a], Rule I, Ibid.)
An employee who is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call. (Section 5[b], Rule I, Ibid.)
3) Lectures, meetings, training programs
Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as working time if all of the following conditions are met:
1) Attendance is outside of the employee’s regular working hours;
2) Attendance is in fact voluntary; and
3) The employee does not perform any productive work during such attendance. (Section 6, Rule I, Ibid.)
c. 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 85, P.D. 442, Labor Code)
Every employer shall give his employees, regardless of sex, not less than one (1) hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee:
1) Where the work is non-manual work in nature or does not involve strenuous physical exertion;
2) Where the establishment regularly operates not less than sixteen (16) hours a day;
3) In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; and
4) Where the work is necessary to prevent serious loss of perishable goods. (Section 7, Rule I, Ibid.)
d. Rest period
Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time. (Paragraph 2, Section 7, Rule I, Ibid.)
2. Workdays in a workweek
a. 6-day workweek
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. (Article 91[a], P.D. 442, Labor Code)
Every employer shall give his employees a rest period of not less than twenty-four (24) consecutive hours after every six consecutive normal work days. (Section 3, Rule III, Omnibus Rules Implementing the Labor Code)
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 91[b], P.D. 442, Labor Code)
1) Preference of employee
The preference of the employee as to his weekly day of rest shall be respected by the employer if the same is based on religious grounds. The employee shall make known his preference to the employer in writing at least seven (7) days before the desired effectivity of the initial rest day so preferred. (Section 4, Rule III, Omnibus Rules Implementing the Labor Code)
Where, however, the choice of the employee as to his rest day based on religious grounds will inevitably result in serious prejudice or obstruction to the operations of the undertaking and the employer cannot normally be expected to resort to other remedial measures, the employer may so schedule the weekly rest day of his choice for at least two (2) days in a month. (Paragraph 2, Section 4, Rule III, Ibid.)
2) Schedule of rest day
Where the weekly rest is given to all employees simultaneously, the employer shall make known such rest period by means of a written notice posted conspicuously in the work place at least one week before it becomes effective. (Section 5[a], Rule III, Ibid.)
Where the rest period is not granted to all employees simultaneously and collectively, the employer shall make known to the employees their respective schedules of weekly rest through written notices posted conspicuously in the work place at least one week before they become effective. (Section 5[b], Rule III, Ibid.)
b. Business on Sundays/holidays
All establishments and enterprises may operate or open for business on Sundays and holidays provided that the employees are given the weekly rest day and the benefits as provided in this Rule. (Section 2, Rule III, Ibid.)
c. 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, fire, flood, 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. (Article 92, P.D. 442, Labor Code)
Omnibus Rules. When work on rest day authorized. — An employer may require any of his employees to work on his scheduled rest day for the duration of the following emergencies and exceptional conditions:
1) 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 or property, or in cases of force majeure or imminent danger to public safety;
2) In case of urgent work to be performed on machineries, equipment or installations 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 serious loss of perishable goods;
5) Where the nature of the work is such that the employees have to work continuously for seven (7) days in a week or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases; and
6) When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. (Section 6, Rule III, Omnibus Rules Implementing the Labor Code)
No employee shall be required against his will to work on his scheduled rest day except under circumstances provided in this Section: Provided, However, that where an employee volunteers to work on his rest day under other circumstances, he shall express such desire in writing, subject to the provisions of Section 7 hereof regarding additional compensation. (Paragraph 2, Section 6, Rule III, Ibid.)
For more information, see: Premium Pay.
d. Regular holidays
Whether there is work on a regular holiday depends on the employer. If there is no work, covered employees will be entitled to holiday pay. If there is work, they will be entitled to their regular day’s wage, plus holiday pay. If there is work on two regular holidays falling on the same day, they will be entitled to their regular day’s wage, plus two (2) holiday pays.
For more information, see: Holiday Pay.
3. Hours of work of hospital and clinic personnel
a. Coverage
This Rule shall apply to:
1) All hospitals and clinics, including those with a bed capacity of less than one hundred (100) which are situated in cities or municipalities with a population of one million or more; and
2) All hospitals and clinics with a bed capacity of at least one hundred (100), irrespective of the size of the population of the city or municipality where they may be situated. (Section 1, Rule I-A, Omnibus Rules Implementing the Labor Code)
The terms “hospitals” and “clinics” as used in this Rule shall mean a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from illness, disease, injury, or deformity, or in need of obstetrical or other medical and nursing care. Either term shall also be construed as any institution, building, or place where there are installed beds, or cribs, or bassinets for twenty-four (24) hours use or longer by patients in the treatment of disease, injuries, deformities, or abnormal physical and mental states, maternity cases or sanitorial care; or infirmaries, nurseries, dispensaries, and such other similar names by which they may be designated. (Section 2, Rule I-A, Ibid.)
This Rule applies to all persons employed by any private or public hospital or clinic mentioned in Section 1 hereof, and shall include, but not limited to, resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians paramedical technicians, psychologists, midwives, and attendants. (Section 4, Rule I-A, Ibid.)
b. Determination of bed capacity and population
For purposes of determining the applicability of this Rule, the actual bed capacity of the hospital or clinic at the time of such determination shall be considered, regardless of the actual or bed occupancy. The bed capacity of hospital or clinic as determined by the Bureau of Medical Services pursuant to Republic Act No. 4226, otherwise known as the Hospital Licensure Act, shall prima facie be considered as the actual bed capacity of such hospital or clinic. (Section 3[a], Rule I-A, Ibid.)
The size of the population of the city or municipality shall be determined from the latest official census issued by the Bureau of the Census and Statistics. (Section 3[b], Rule I-A, Ibid.)
c. Regular working hours
The regular working hours of any person covered by this Rule shall not be more than eight (8) hours in any one day nor more than forty (40) hours in any one week.
For purposes of this Rule a “day” shall mean a work day of twenty-four (24) consecutive hours beginning at the same time each calendar year. A “week” shall mean the work of 168 consecutive hours, or seven consecutive 24-hour work days, beginning at the same hour and on the same calendar day each calendar week. (Section 5, Rule I-A, Ibid.)
d. Regular working days
The regular working days of covered employees shall not be more than five days in a work week. The work week may begin at any hour and on any day, including Saturday or Sunday, designated by the employer. (Section 6, Rule I-A, Ibid.)
Employers are not precluded from changing the time at which the work day or work week begins, provided that the change is not intended to evade the requirements of this Rule. (Paragraph 2, Section 6, Rule I-A, Ibid.)
e. Overtime work
Where the exigencies of the service so require as determined by the employer, any employee covered by this Rule may be scheduled to work for more than five (5) days or forty (40) hours a week, provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least thirty percent (30%) thereof, subject to the provisions of this Book on the payment of additional compensation for work performed on special and regular holidays and on rest days. (Section 7, Rule I-A, Ibid.)
f. Hours worked
In determining the compensable hours of work of hospital and clinic personnel covered by this Rule, the pertinent provisions of Rule 1 of this Book shall apply. (Section 8, Rule I-A, Ibid.)
g. Additional compensation
Hospital and clinic personnel covered by this Rule, with the exception of those employed by the Government, shall be entitled to an additional compensation for work performed on regular and special holidays and rest days as provided in this Book. Such employees shall also be entitled to overtime pay for services rendered in excess of forty hours a week, or in excess of eight hours a day, whichever will yield the higher additional compensation to the employee in the work week. (Section 9, Rule I-A, Ibid.)
References
⦁ Book III, Presidential Decree No. 442, a.k.a. Labor Code of the Philippines
