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Labor Code of The Philippines - Night-Shift Differential

The document discusses labor laws regarding employee work hours and compensation. It covers topics like overtime pay, night shift differentials, meal periods, computing regular wages, and an employee's right to a weekly rest day. The employer may require employees to work on rest days under certain emergency circumstances.

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personal.andrealura
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© © All Rights Reserved
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Download as PDF, TXT or read online on Scribd
19 views

Labor Code of The Philippines - Night-Shift Differential

The document discusses labor laws regarding employee work hours and compensation. It covers topics like overtime pay, night shift differentials, meal periods, computing regular wages, and an employee's right to a weekly rest day. The employer may require employees to work on rest days under certain emergency circumstances.

Uploaded by

personal.andrealura
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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(30%) of their regular wage for work on the sixth day.

For purposes of this Article,


"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.70

ART. 84. Hours Worked. 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.

ART. 85. 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.71

ART. 86. Night-Shift Differential. Every employee shall be paid a night shift
differential of not less than ten percent (10%) of his regular wage for each hour of
.

ART. 87. 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.

ART. 88. 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.72

ART. 89. Emergency Overtime Work. Any employee may be required by the
employer to perform overtime work in any of the following cases:

70
The second paragraph of Art. 83 does not apply to health workers in government service. They are excluded from the coverage of Arts. 82 through 96 and their employment benefits
are defined in R.A. No. 7305 (1992), Magna Carta of Public Health Workers.
71
The Omnibus Rules Implementing the Labor Code allows meal periods to be less than 60 minutes, under specified cases, provided that such shorter meal periods are credited as
compensable hours.
72
See also Department Advisory No. 02 s. 2004 (Implementation of Compressed Work Week Schemes), Department Advisory No. 02 s. 2009 (Guidelines on the Adoption of
Flexible Work Arrangements), and Department Advisory No. 04 s. 2010 (Guidelines on the Implementation of Flexible Work Arrangements and the Exemption from the Nightwork
Prohibition for Women Employees in the Business Process Outsourcing Industry).

37
(a) When the country is at war or when any other national or local emergency
has been declared by the National Assembly73 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.

Any employee required to render overtime work under this Article shall be paid
the additional compensation required in this Chapter.

ART. 90. Computation of Additional Compensation. For purposes of


computing overtime and other additional remuneration as required by this Chapter,
the "regular wage" of an employee shall include the cash wage only, without
deduction on account of facilities provided by the employer.

Chapter II WEEKLY REST PERIODS


ART. 91. Right to Weekly Rest Day. (a) 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.

(b) 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.

ART. 92. When Employer May Require Work on a Rest Day. The employer
may require his employees to work on any day:

73
"National Assembly" shall refer to the "Congress" as the country has reverted to the presidential form of government.

38

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