ILO is a specialized agency of the United Nations
ILO-en-strap
Go to the home page
Contact us
> TRAVAIL home > TRAVAIL legal databases


Page 1 of 1 (1 countries)   

Philippines - Working time - 2011


LAST UPDATE

11 October 2011

SOURCES


Name of Act

Labor Code of the Philippines - Presidential Decree No. 442, as amended. Published by the Department of Labor and Employment at http://www.dole.gov.ph/labor_codes.php and accessed 29 September 2011.
click on this symbol to show or hide remarks

Name of Act

Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act - Republic Act No. 7610 of 1992 as amended by Republic Act No. 9231 of 2003. Published by Chran Robles Virtual Law Library at http://www.chanrobles.com/republicactno7610.html and http://www.chanrobles.com/republicactno9231.html and accessed 29 September 2011.

Name of Act

Proclamation No. 84 Declaring the Regular Holidays, Special (non-working) Days and Special Holidays (for all schools) for the Year 2011. Proclamation of the President of the Philippines. Published by the Department of Labor and Employment at http://www.dole.gov.ph/fndr/bong/files/PROC-84.pdf and accessed 29 September 2011.

Name of Act

Batas Kasambahay Act 2004, Thirteenth Congress of the Republic of the Philippines, SB No. 1772. Published at http://www.senate.gov.ph/lisdata/29932556!.pdf and accessed 5 October 2011.
click on this symbol to show or hide remarks

Name of Act

Solo Parents’ Welfare Act 2000 - Republic Act No. 8972. Published by the LawPhil Project - Philippines Laws and Jurisprudence Databank at http://www.lawphil.net/statutes/repacts/ra2000/ra_8972_2000.html and accessed 6 October 2011.

Name of Act

Omnibus Rules to Implement the Labor Code, published by the Chan Robles Virtual Law Library at www.chanrobles.com/implementingrulesofthelaborcode.htm and accessed 11 October 2011.
click on this symbol to show or hide remarks

Other source used

Department Advisory No. 2-2009 - Guidelines on the Adoption of Flexible Work Arrangements. Published by the Department of Labor and Employment at http://www.dole.gov.ph/fndr/bong/files/DA%2002-09.pdf and accessed 29 September 2011

Other source used

Memorandum Circular 01 - List of Holidays. Published by the Department of Labor and Employment at http://www.dole.gov.ph/list_of_holidays.php?id=95 and accessed 29 September 2011.

LEGAL DEFINITIONS


Working time/working hours

Hours worked shall include:
(a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and
(b) all time during which an employee is suffered or permitted to work.

Rest periods of short duration during working hours shall be counted as hours worked.
Labor Code of the Philippines §84
click on this symbol to show or hide remarks

Domestic worker

’Kasambahay’ or ’household helper’ means any person employed full-time in the homeowner’s or employer’s home performing tasks ascribed as normal household chores within a specific household for which he or she is being paid by the employer. The term includes the maids, cooks, houseboys, family drivers and "yayas" who provide daily service to a single, specific household on a live-in basis.
Batas Kasambahay Act 2004 §3(a)

NORMAL HOURS LIMITS


Daily hours limit


General limit

The normal hours of work of any employee shall not exceed eight (8) hours a day.
Labor Code of the Philippines §83
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

Health personnel in cities and municipalities with a population of at least one million, or in hospitals and clinics with a bed capacity of at least one hundred, may be required to additional hours where exigencies of the service require.

Further, the daily hours limit in the Labor Code does not apply to:
1. government employees,
2. managerial employees,
3. field personnel,
4. members of the family of the employer who are dependent on him for support,
5. domestic helpers,
6. persons in the personal service of another, and
7. workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
Labor Code of the Philippines §§82, 83
click on this symbol to show or hide remarks

Special categories


» Young workers

A child below 15 years of age shall not work more than 4 hours a day.

A child between 15 and 18 years of age shall not be allowed to work for more than 8 hours a day.
Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act §12-A

» Domestic work

Due to the perculiarities of the relationship between the employer and the kasambahay, the normal hours of work shall be 10 hours a day, exclusive of 1 hour breaks for each regular meal of the day. However, kasambahay under the age of 18 years shall not be allowed to work more than 8 hours a day, 5 days a week, exclusive of 1 hour breaks for each regular meal of the day.
Batas Kasambahay Act 2004 §§12, 32
click on this symbol to show or hide remarks

Weekly hours limit


General limit

No express limit on weekly working hours identified.
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 48 hours (no explicit weekly limit - 8 hour daily limit and 1 day minimum weekly rest period).
  • 2007: 48 hours (no explicit weekly limit - 8 hour daily limit and 1 day minimum weekly rest period).
  • 1995: 48 hours.

Compressed workweeks

The Labor Code does not contemplate compressed workweeks. However, the Department of Labor and Employment has published advisory guidelines on the adoption of flexible work arrangements which includes compressed workweeks among a range of flexible arrangements which employers may consider implementing in times of economic difficulty or national emergency.

These guidelines define a compressed workweek as being one where the normal workweek is reduced to less than 6 days but the total number of work hours of 48 hours per week shall remain. In such cases, the normal workday is increased to more than 8 hours but is not to exceed 12 hours without the corresponding overtime premium.
Department Advisory No. 2-2009 - Guidelines on the Adoption of Flexible Work Arrangements Part III, point 1

Special categories


» Young workers

A child below 15 years of age shall not work more than 20 hours a week.

A child between 15 and 18 years of age shall not be allowed to work more than 40 hours a week.
Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act §12-A

OVERTIME WORK


Criteria for overtime


General

The Labor Code provides that work may be performed beyond 8 hours a day provided that the employee is paid for the overtime work as prescribed.

It further provides that any employee may be required by the employer to perform overtime 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 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.
Labor Code of the Philippines §§87, 89

Worker`s influence

No employee can be made to work beyond 8 hours a day against his will, except in any of the emergency situations enumerated in §89 of the Labor Code and Section 10 of Rule I of Book Three of the Omnibus Rules to Implement the Labor Code.
Omnibus Rules to Implement the Labor Code Book Three, Rule I, Section 10
Labor Code of the Philippines §89

Limits on overtime hours


General limits

No statutory limit on overtime identified.

Compensation for overtime work


Overtime rate(s)

Employees who are required to work overtime (i.e. more than 8 hours) on a regular working day must be paid a penalty rate of at least 25% above the employee’s regular wage.

Employees who are required to work overtime (i.e. more than 8 hours) on a holiday or rest day must be paid a penalty rate of at least 30% above the rate payable for the first 8 hours on the holiday or rest day.
Labor Code of the Philippines §87
click on this symbol to show or hide remarks
Historical data (year indicates year of data collection)
  • 2009: 25% increase 55% increase for emergency overtime work
  • 2007: 25% increase
  • 1995: 25% premium during working days, 30% on weekly rest days. 100% on public holidays.

Exceptions

The overtime entitlements do not apply to:
1. government employees,
2. managerial employees,
3. field personnel,
4. members of the family of the employer who are dependent on him for support,
5. domestic helpers,
6. persons in the personal service of another, and
7. workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
Labor Code of the Philippines §82

Compensatory rest

Compensatory time off shall not exempt the employer from paying the additional compensation.
Labor Code of the Philippines §88

Compensation procedure

No compensation procedure for overtime identified.

Notice of requirement to work overtime


General provisions

No notice requirements identified.

Special categories


Domestic work

The overtime provisions do not apply to domestic helpers.
Labor Code of the Philippines §82

SCHEDULES


General

No provisions on scheduling of working time identified.

REST PERIODS


Rest breaks


General provisions

Every employer shall give his employees, regardless of sex, not less than 60 minutes off for their regular meals, except in the following cases when a meal period of not less than 20 minutes may be given by the employer provided that such shorter meal period is credited as compensible hours worked of the employee:
(i) where the work is non-manual work in nature or does not involve strenuous physical exertion;
(ii) where the establishment regularly operates not less than 16 hours a day;
(iii) 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;
(iv) where the work is necessary to prevent serious loss of perishable goods.
Labor Code of the Philippines §85
Omnibus Rules to Implement the Labor Code Book Three, Rule I, Section 7
Historical data (year indicates year of data collection)
  • 2009: One hour
  • 2007: One hour
  • 1995: 1 hour for meals.

Exceptions

The rest break entitlement does not apply to:
1. government employees,
2. managerial employees,
3. field personnel,
4. members of the family of the employer who are dependent on him for support,
5. domestic helpers,
6. persons in the personal service of another, and
7. workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
Labor Code of the Philippines §82

Special categories


» Domestic work

Kasambahay shall have 1 hour breaks for each regular meal of the day.
Batas Kasambahay Act 2004 §12

Daily rest periods


Duration

No provision for daily rest periods identified.
Historical data (year indicates year of data collection)
  • 2009: No general statutory provisions on daily rest.
  • 1995: No legal provision.

Weekly rest periods


Duration


» General

Every employer, whether operating for profit or not, must provide each of his employees a rest period of not less than 24 consecutive hours after every 6 consecutive normal work days.
Labor Code of the Philippines §91(a)
Omnibus Rules to Implement the Labor Code Rule III of Book Three
Historical data (year indicates year of data collection)
  • 2009: 24 hours
  • 1995: 24 consecutive hours

» Exceptions

The statutory entitlement to a period of weekly rest does not apply to:
1. government employees,
2. managerial employees,
3. field personnel,
4. members of the family of the employer who are dependent on him for support,
5. domestic helpers,
6. persons in the personal service of another, and
7. workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
Labor Code of the Philippines §82

Day specified


» General

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.
Labor Code of the Philippines §91(b)

Work on weekly rest day


» Criteria

An employer may only require an employee to work on a rest day against his will:
a. 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;
b. in cases 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. when the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.

In any other circumstance, the employee must volunteer to work on his scheduled rest days and provide written expression of his desire to work on scheduled rest days.
Labor Code of the Philippines §92
Omnibus Rules to Implement the Labor Code Section 6 of Rule III of Book Three

» Compensation (for working on a rest day)

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% of his regular wage.
Labor Code of the Philippines §93(a)
Omnibus Rules to Implement the Labor Code Section 7 of Rule III of Book Three
click on this symbol to show or hide remarks

Special categories


» Domestic workers

No kasambahay shall render work in excess of 6 days per week. It shall be the duty of every employer to provide his or her kasambahay a rest period of at least 1 day a week. The rest day shall be stipulated in the employment contract, but may be changed for another day of the week upon mutual agreement of the employer and the kasambahay.
Batas Kasambahay Act 2004 §13

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

An employee must have completed at least one year of service to qualify for annual (’incentive’) leave.
Labor Code of the Philippines §95(a)
Omnibus Rules to Implement the Labor Code Section 3 of Rule V of Book Three
click on this symbol to show or hide remarks

Duration


» General

The entitlement is to 5 days’ leave per year.
Labor Code of the Philippines §95(a)
Historical data (year indicates year of data collection)
  • 2009: 5 days
  • 2007: 5 days
  • 1995: 5 days.

» Exceptions

The annual leave entitlement provided by the Labor Code does not apply to:
1. employees who have an equivalent entitlement under from another source,
2. employees of establishments regularly employing less than 10 employees,
3. government employees,
4. managerial employees,
5. field personnel,
6. members of the family of the employer who are dependent on him for support,
7. domestic helpers,
8. persons in the personal service of another, and
9. workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
Labor Code of the Philippines §§82, 95(b)
click on this symbol to show or hide remarks

Payment


» Amount

The leave is to be ’with pay’.
Labor Code of the Philippines §95(a)
click on this symbol to show or hide remarks

» Date of payment

The date of payment is not stipulated by the Labor Code.

Schedule and splitting

No provision regulating the scheduling or splitting of annual leave identified. However, the service incentive leave shall be commutable to its money equivalent if not used or exhausted at the end of the year.
Omnibus Rules to Implement the Labor Code Section 5 of Rule V of Book Three

Work during annual leave

The Labor Code does not contemplate work during annual leave.

Special categories


» Domestic work

Kasambahay shall be entitled to a 14 day vacation leave with pay over and above their rest days. This leave can only be availed of after the period 6 months from the commencement of the employment contract and every year thereafter, and may be cumulative from year to year.
Batas Kasambahay Act 2004 §14

PUBLIC HOLIDAYS


Number and dates

There are 11 regular holidays in the Philippines, as follows:
1. New Year’s Day - 1 January
2. Araw ng Kagitingan - 9 April
3. Maundy Thursday - movable date (21 April 2011)
4. Good Friday - movable date (22 April 2011)
5. Labor Day - 1 May
6. Independence Day - 12 June
7. National Heroes Day - last Sunday or Monday of August (29 August 2011)
8. Bonifacio Day - 30 November
9. Eidul Fitr - movable date
10. Christmas Day - 25 December
11. Rizal Day - 30 December
Proclamation No. 84 Declaring the Regular Holidays etc for 2011
Memorandum Circular 01 - List of Holidays
Labor Code of the Philippines §94(c)
Omnibus Rules to Implement the Labor Code Rule IV of Book Three
click on this symbol to show or hide remarks

Payment

Every worker shall be paid his regular daily wage during regular holidays.
Labor Code of the Philippines §94(a)
click on this symbol to show or hide remarks

Work on Public Holidays


» Criteria

No criteria for requiring work on regular holidays is prescribed by the Labor Code. Rather, an employer may require an employee to work on any holiday provided the employee shall be paid a compensatory rate.
Labor Code of the Philippines §94(b)

» Compensation

Employees who are required to work on regular holidays shall be paid a compensation equivalent to twice the employee’s regular rate.

If the holiday work falls on the scheduled rest day of the employee, he shall be entitled to an additional premium of at least 30% of his regular holiday rate (200% based on his regular wage).

If the employees performs more than 8 hours of work on a regular holiday, he shall be paid an additional compensation for that time (i.e. overtime) at the rate payable for the first 8 hours plus at least 30%.
Labor Code of the Philippines §94(b)
Omnibus Rules to Implement the Labor Code Sections 4 and 5 of Rule IV of Book Three
click on this symbol to show or hide remarks

EMERGENCY FAMILY LEAVE

No entitlement to emergency family leave identified.

PART-TIME WORK


General provisions

No provision expressly regulating part-time work identified.

NIGHT WORK


Criteria for night work

No criteria for requring workers to perform night work identified.

Limits

No limits on night work identified, except in relation to women and young persons (detailed under Special Categories below).

Compensation

Night-shift employees must be paid a differential of not less than 10% of the regular wage for each hour of work performed between 10:00 p.m. and 6:00 a.m.
Labor Code of the Philippines §86
Omnibus Rules to Implement the Labor Code Rule II of Book Three
click on this symbol to show or hide remarks

Special categories


Young workers

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 between fifteen (15) and eighteen (18) years of age shall be allowed to work between ten o’clock in the evening and six o’clock in the morning of the following day.
Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act §12-A
Batas Kasambahay Act 2004 §33

Domestic work

The night-work differential does not apply to domestic helpers.
Labor Code of the Philippines §82

Women

No woman shall be employed:
(a) in any industrial undertaking or branch thereof between 10pm and 6am the following day; or
(b) in any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and 6am the following day; or
(c) in any agricultural undertaking at night-time unless she is given a period of rest of not less than 9 consecutive hours;
except in the following circumstances:
(i) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquakes, 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;
(ii) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer;
(iii) Where the work is necessary to prevent serious loss of perishable goods;
(iv) Where the woman employee holds a responsible position of a managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services;
(v) Where the nature of the work requires the manual skill and dexterity of women and the same cannot be performed with equal efficiency by male workers or where the employment of women is the established practice in the enterprises concerned on the date these Rules become effective; and
(f) Where the women employees are immediate members of the family operating the establishment or undertaking.
Labor Code of the Philippines §§130, 131
Omnibus Rules to Implement the Labor Code Section 5 of Rule XII of Book Three

SHIFT WORK


Criteria for shift work

No provisions regulating shift work identified.

ON-CALL WORK


Criteria

No provisions regulating on-call work identified.

FLEXITIME


Criteria

The employer shall provide for a flexible working schedule for solo parents, provided that such arrangements do not affect individual and company productivity.

Employers may request an exemption from the requirement to provide flexible work arrangements to solo parents on certain meritorious grounds.
Solo Parents’ Welfare Act 2000 §§3, 6
click on this symbol to show or hide remarks

Limits

No daily or weekly hours limits specific to persons working under flexible work arrangements identified. However, as ’flexible work schedule’ is defined as 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, it seems that no deviation from the generally-applicable limits is contemplated.
Solo Parents’ Welfare Act 2000 §3

CASUAL WORK


General provisions

No distinction is made between casual and permanent employees for the purposes of the working time provisions of the Labor Code.

SHORT-TIME WORK/WORK-SHARING


General provisions

No provisions regulating short-time or work-sharing arrangements identified.

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

No right for employees to request a change of work time identified.

INFORMATION & CONSULTATION


Information

No information requirements identified.

Consultation

No consultation requirements identified.

Results generated on: 19th April 2024 at 13:04:56.
Page 1 of 1 (1 countries)   

 
^ top
Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. Please contact us if you have updated information.