ART. 82.

COVERAGE least one million (1,000,000) or in

The provisions of this Title shall apply to hospitals and clinics with a bed capacity
employees in all establishments of
and undertakings whether for profit or at least one hundred (100) shall hold
not, but not to government employees, regular office hours for eight (8) hours
managerial employees, field personnel, a day, for five (5) days a week,
members of the family of the exclusive of time for meals, except
employer who are dependent on him for where the exigencies of the service
support, domestic helpers, persons require that such personnel work for six
in the personal service of another, and (6) days or forty-eight (48) hours, in
workers who are paid by results as which case they shall be entitled to an
determined by the Secretary of Labor in additional compensation of at least thirty
appropriate regulations. 154 percent (30%) of their regular wage for
CONDITIONS OF EMPLOYMENT work on the sixth day. For purposes of
ART. 82 this Article, “health personnel” shall
As used herein, “managerial include:resident physicians, nurses,
employees” refer to those whose nutritionists, dietitians, pharmacists,
primary social workers, laboratory technicians,
duty consists of the management of the paramedical technicians, psychologists,
establishment in which they are midwives, attendants and all other
employed or of a department or hospital or clinic personnel.
subdivision thereof, and to other officers ART. 84. HOURS WORKED
or members of the managerial staff. Hours worked shall include (a) all time
“Field personnel” shall refer to non during which an employee is
agricultural employees who required to be on duty or to be at a
regularly perform their duties away from prescribed workplace, and (b) all time
the principal place of business or during which an employee is suffered or
branch office of the employer and permitted to work.
whose actual hours of work in the field Rest periods of short duration during
cannot be determined with reasonable working hours shall be counted
certainty. as hours worked.
2.1 Four-fold Test Principles in Determining Hours
In determining the existence of Worked. — The following general
employer-employee relationship, the principles shall govern in determining
elements that are generally considered whether the time spent by an employee
comprises the so-called “four fold test” is considered hours worked for
namely: (a) the selection and purposes of this Rule:
engagement of the employee; (b) the (a) All hours are hours worked which the
payment of wages; (c) the power of employee is required to
dismissal; and (d) the employer’s power give to his employer, regardless of
to control the employee with respect to whether or not such hours are spent in
the means and methods by which the productive labor or involve physical or
work is to be accomplished. It is the so- mental exertion;order that his rest
called “control test” that is the most period shall not be counted, it being
important enough that he stops working, may rest
Element completely and may leave his
ART. 83. NORMAL HOURS OF WORK workplace, to go elsewhere, whether
The normal hours of work of any within or outside the premises of his
employee shall not exceed eight (8) workplace;
hours (c) If the work performed was
a day. necessary, or it benefited the employer,
Health personnel in cities and or the employee could not abandon his
municipalities with a population of at 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 a holiday or rest day plus at least thirty (30%)
supervisor; percent thereof.
(d) The time during which an employee ART. 88. UNDERTIME NOT OFFSET BY
is inactive by reason of OVERTIME
Undertime work on any particular day shall
interruptions in his work beyond his
not be offset by overtime
control shall be considered time work on any other day. Permission given to
either if the imminence of the the employee to go on leave on some other day
resumption of work requires the of the week shall not exempt the employer
employee’s from paying the additional compensation
presence at the place of work or if the required in this Chapter.
interval is too brief to be utilized compressed workweek, the FWAs include:
effectively and gainfully in the (1) Reduction of workdays where the normal
employee’s own interest. workdays per week
are reduced but should not last for more than six
ART. 85. MEAL PERIODS months.
Subject to such regulations as the (2) Rotation of workers where the employees are
Secretary of Labor may prescribe, it rotated or
shall be the duty of every employer to alternately provided work within the workweek.
give his employees not less than sixty (3) Forced leave where the employees are required
(60) minutes time-off for their regular to go on leave
for several days or weeks, utilizing their leave
meals.
credits if there are any.
ART. 86. NIGHT SHIFT DIFFERENTIAL (4) Broken-time schedule where the work
Every employee shall be paid a night shift schedule is not
differential of not less than continuous but the number of work hours within
ten percent (10%) of his regular wage for the day or week is not
each hour of work performed reduced.
between ten o’clock in the evening and six (5) Flexi-holiday schedule where the employees
o’clock in the morning. agree to avail
ART. 87. OVERTIME WORK themselves of the holidays at some other days,
Work may be performed beyond eight (8) provided that there is no
hours a day provided that diminution of existing benefits as a result of such
the employee is paid for the overtime work an arrangement.
additional compensation ART. 89. EMERGENCY OVERTIME WORK
equivalent to his regular wage plus at least Any employee may be required by the
twenty-five (25%) percent thereof. employer to perform overtime
Work performed beyond eight hours on a work in any of the following cases:
holiday or rest day shall be paid (a) When the country is at war or when any
an additional compensation equivalent to the other national or local
rate of the first eight hours on
emergency has been declared by the National (e) Where the completion or continuation of
Assembly or the Chief the work started before the eighth hour is
Executive; necessary to prevent serious obstruction or
(b) When it is necessary to prevent loss of life prejudice to
or property or in case the business or operations of the employer
of imminent danger to public safety due to an ART. 90. COMPUTATION OF ADDITIONAL
actual or impending emergency in the locality COMPENSATION
caused by serious accidents, fire, flood, For purposes of computing overtime and
typhoon, earthquake, epidemic, or other other additional remuneration
disaster or calamity; as required by this Chapter the “regular
(c) When there is urgent work to be wage” of an employee shall include
performed on machines, the cash wage only, without deduction on
installations, or equipment, in order to avoid account of facilities provided by
serious loss or damage to the the employer.
employer or some other cause of similar ART. 91. RIGHT TO WEEKLY REST DAY
nature; (a) It shall be the duty of every employer,
(d) When the work is necessary to prevent whether operating for
loss or damage to profit or not, to provide each of his employees
perishable goods; and a rest period of not less than twenty-four (24)
consecutive hours after every six (6) (a) In case of actual or impending
consecutive normal work days. emergencies caused by serious
(b) The employer shall determine and accident, fire, flood, typhoon, earthquake,
schedule the weekly rest day epidemic or other disaster or
of his employees subject to collective calamity to prevent loss of life and property,
bargaining agreement and to such or imminent danger to public
rules and regulations as the Secretary of safety;
Labor may provide. However, the (b) In cases of urgent work to be performed
employer shall respect the preference of on the machinery,
employees as to their weekly rest equipment, or installation, to avoid serious
day when such preference is based on loss which the employer would
religious grounds. otherwise suffer;
ART. 92. WHEN EMPLOYER MAY (c) In the event of abnormal pressure of work
REQUIRE WORK ON A REST DAY due to special
The employer may require his employees to
work on any day:
circumstances, where the employer cannot (d) Where the collective bargaining
ordinarily be expected to resort to other agreement or other applicable
measures; employment contract stipulates the payment
(d) To prevent loss or damage to perishable of a higher premium pay than that prescribed
goods; under this Article, the employer shall pay
(e) Where the nature of the work requires such higher rate.
continuous operations and ART. 94. RIGHT TO HOLIDAY PAY
the stoppage of work may result in (a) Every worker shall be paid his regular
irreparable injury or loss to the employer; daily wage during regular
and holidays, except in retail and service
(f) Under other circumstances analogous or establishments regularly employing less
similar to the foregoing than ten (10) workers;
as determined by the Secretary of Labor. (b) The employer may require an employee to
CONDITIONS OF EMPLOYMENT work on any holiday but
ART. 93 such employee shall be paid a compensation
ART. 93. COMPENSATION FOR REST DAY, equivalent to twice his regular rate; and
SUNDAY OR HOLIDAY (c) As used in this Article, “holiday” includes:
WORK New Year’s Day,
(a) Where an employee is made or permitted Maundy Thursday, Good Friday, the ninth of
to work on his scheduled April, the first of May, the
rest day, he shall be paid an additional twelfth of June, the fourth of July, the
compensation of at least thirty percent thirtieth of November, the twenty-fifth of
(30%) of his regular wage. An employee shall December and the day designated by law for
be entitled to such additional compensation holding ageneral election.
for work performed on Sunday only when it
is his established rest day.
(b) When the nature of the work of the The Twelve Regular Holidays
employee is such that he has New Year’s Day
no regular workdays and no regular rest days January 1
can be scheduled, he shall Maundy Thursday
be paid an additional compensation of at least Movable Date
thirty percent (30%) of his Good Friday
Movable Date
regular wage for work performed on Sundays
Araw ng Kagitingan
and holidays.
Monday nearest April 9
(c) Work performed on any special holiday Labor Day
shall be paid an additional Monday nearest May 1
compensation of at least thirty percent (30%) Independence Day
of the regular wage of the employee. Where Monday nearest June 12
such holiday work falls on the employee’s National Heroes’ Day
scheduled rest day, he shall be entitled to an Last Monday of August
additional compensation of at least fifty Eidl Fitr
percent Movable Date
(50%) of his regular wage. Eidl Adha
Movable Date
Bonifacio Day include? The term “facilities,” says the
Monday nearest November 30 Implementing Rule, shall include articles
Christmas Day December 25 or services for the benefit of the employee or his
Rizal Day Monday nearest December 30 family but shall not include
ART. 95. RIGHT TO SERVICE INCENTIVE tools of the trade or articles or service primarily for
LEAVE the benefit of the employer
(a) Every employee who has rendered at least or necessary to the conduct of the employer’s
one year of service business
shall be entitled to a yearly service incentive
leave of five days with pay. ART. 113. WAGE DEDUCTION
ART. 96. SERVICE CHARGES No employer, in his own behalf or in behalf of
ART. 97. DEFINITION any person, shall make any deduction from the
As used in this Title: (a) “Person” means an wages of his employees, except:
individual, partnership, (a) In cases where the worker is insured with his
association, corporation, business trust, legal consent by the employer, and the deduction is
representative, or any organized to recompense the employer for the amount
group of persons. paid by him as premium on the insurance;
(b) “Employer” includes any person acting (b) For union dues, in cases where the right of
directly or indirectly in the worker or his union to check-off has been
the interest of an employer in relation to an
recognized by the employer or authorized in
employee and shall include
writing by the individual worker concerned; and
the Government and all its branches,
(c) In cases where the employer is authorized by
subdivision and instrumentalities, all
government-owned or -controlled law or regulations issued by the Secretary of
corporations and institutions, as well as non- Labor.
profit private institutions, or organizations. COMMENTS
(c) “Employee” includes any individual 1.DEDUCTIONS AUTHORIZED BY LAW
employed by an employer. The following deductions are authorized by
(d) “Agriculture” includes farming in all its existing laws:
branches and, among other (1) Deduction for value of meals and other
things, includes the cultivation and tillage of facilities.
soil, dairying, the production, (2) In cases where the employee is insured with
cultivation, growing and harvesting of any his consent by the employer, deductions for the
agricultural and horticultural amount paid by said employer, as premiums on
commodities, the raising of livestock or the insurance.
poultry (3) In cases where the right of the employees or
(e) “Employ” includes to suffer or permit to his union to check-off has been recognized by
work. the employer or authorized in writing by the
(f) “Wage” paid to any employee shall mean individual employee concerned.
the remuneration or
(4) In cases where the employee is indebted to
earnings, however designated, capable of
the employer, where such indebtedness has
being expressed in terms of money,
“WAGE” AND “SALARY” DEFINED become due and demandable.2
The term “wages,” as distinguished from “salary,” (5) In court awards, wages may be the subject of
applies to the execution or attachment, but only for debts
compensation for manual labor, skilled or incurred for food, shelter, clothing and medical
unskilled, paid at stated times, and attendance.3
measured by the day, week, month, or season, (6) Withholding tax.
while “salary” denotes a higher (7) Salary deductions of a member of a legally
degree of employment, or a superior grade of
established cooperative.
services, and implies a position
or office; by contrast, the term “wages” indicates
inconsiderable pay for a lower (8) SSS, medicare and Pag-Ibig contributions.
“FACILITIES” DISTINGUISHED FROM 1.1 Payment to Third Person
“SUPPLEMENTS” 2.PROHIBITIONS REGARDING WAGES; WAGE
Sometimes the issue is not the value of the facility DEDUCTIONS
but whether the “facility” 3.DEDUCTIONS FOR ABSENCES
itself is legally chargeable to the wage or not. The 4.REDUCED PAY BECAUSE OF REDUCED WORK
Article and the Implementing
DAYS
Rules mention board, lodging, snacks, and “other
facilities.” What can “facilities”