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Labor Code Art.-89

The document outlines Philippine labor laws regarding overtime work exceptions, rest days, holidays, and leaves. It details allowances for overtime work in emergencies or to prevent loss/damage. It also specifies rules for weekly rest days, working on rest days, holiday pay rates, parental leave, and leave for battered women.

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Joanne Leen
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1K views16 pages

Labor Code Art.-89

The document outlines Philippine labor laws regarding overtime work exceptions, rest days, holidays, and leaves. It details allowances for overtime work in emergencies or to prevent loss/damage. It also specifies rules for weekly rest days, working on rest days, holiday pay rates, parental leave, and leave for battered women.

Uploaded by

Joanne Leen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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ART.

89: Emergency
Overtime Work
Exceptions:
1. In times of war or any national or local emergency declared by
Congress or the Chief Executive;
2. To prevent loss or damage to life or property due to emergencies
and force majeure;
3. When there is urgent work needed on machines and equipment;
4. When work is necessary to preserve perishable goods;
5. To prevent serious obstruction or prejudice to the business or
operations of the employer; and

6. When it is necessary to avail of favorable weather or


environmental conditions where performance or quality of work
is dependent thereon.
ART. 91: RIGHT TO A WEEKLY REST
DAY

Duration:
NOT less than twenty four (24) consecutive hours
after six (6) consecutive normal work days.
Who Determines:

1. Collective bargaining agreement;

2. Rules and regulations issued by the Secretary of


Labor; and

3. Employee’s preference based on religious grounds


ART. 92: WHEN EMPLOYER
MAY REQUIRE WORK ON REST
DAY

General Rule:
The employer may not require the employees
to work on a rest day.
Exceptions:
1. In case of urgent work to be performed on the
machinery, equipment, or installation;

2. To prevent loss or damage to perishable goods;

3. In case of actual or impending emergencies caused


by force majeure to prevent loss of life and property,
or imminent danger to public safety;
4. Where the nature of the work requires continuous
operations and the stoppage of work may result in
irreparable injury or loss to the employer;

5. In the event of abnormal pressure of work due to


special circumstances, where the employer cannot
ordinarily be expected to resort to other measures; and

6. Under other Circumstances analogous to the


foregoing as determined by the Secretary of Labor.
Regular Holiday Special Day

Compensable even if unworked Not compensable if unworked


subject to certain conditions

Limited to the 12 enumerated by the Not exclusive since a law or ordinance


Labor Code and special laws may provide for other special holidays

Rate is 200% of the regular rate if Rate is 130% of the regular wage if
worked worked
Day Rate of additional compensation

Work on a scheduled rest day 30% of regular wage

No regular workdays and no specific 30% of regular wage for work


rest days performed on Sundays and special
holidays

Work on Sunday when it is his 30% of regular wage


established rest day

Work on special holiday 30% of regular wage

Work on special holiday falling on 50% of regular wage


scheduled rest day

Work on regular holiday falling on 260% of regular wage


scheduled rest day
Successive Regular
Holidays
To be entitled to two (2) successive holidays, the employee must:

1. Be present on the day immediately preceding the first


holiday; OR

2. Be on leave with pay.

Otherwise, he must work on the first holiday to be entitled to


holiday pay on the second regular holiday.
ART. 95: RIGHT TO SERVICE
INCENTIVE LEAVE (SIL)
- Five (5) days leave with pay for every employee who
has rendered at least one (1) year of service.

- Whether continuous or broken, reckoned from the date


the employee started working including authorized
absences and paid regular holidays unless the number of
working days in the establishment, as a matter of
practice or policy or as provided in the employment
contract, is less than 12 months.
SIL Does NOT Apply to the
following:
1. Employees of the Government;
2. Managerial employees as defined in Book Three;
3. Field personnel whose performance is unsupervised
or those who are paid a fixed amount for performing
work irrespective of the time consumed in the
performance therof;
4. Those already enjoying the said benefits.

5. Those already enjoying Vacation leave with pay for at


least 5 days; and

6. Those employed in establishments regularly


employing less than 10 employees

SIL is COMMUTABLE
Basis of conversion shall be the salary rate at the
date of commutation
Parental (Solo Parent) Leave
• Not more than SEVEN (7) WORKING DAYS every
year is granted to any solo parent employee who has
rendered service of at least one (1) year.
• No employer shall discriminate against any solo
parent employee with respect to terms and conditions
of employment on account of his/her status.

-Unutilized parental leave is not convertible to cash


unless otherwise agreed.
Battered Woman Leave (R.A. No. 9262- Anti-
Violence Against Women and Their Children Act
of 2004, March 8, 2004

A female employee who is a victim of violence


(physical, sexual or psychological) is entitled to a paid
leave of TEN DAYS in addition to other paid leaves.
The leave is extendible when the necessity arises The
employee has to submit a certification from the punong
barangay, kagawad, prosecutor or clerk of court that an
action under R.A No. 9262 has been filed and is
pending
ART. 96: SERVICE
CHARGE
- In case the service charge is abolished. The
share of the covered employees shall be
considered integrated in their wages.

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