LABOR STANDARDS

BOOK THREE
CONDITIONS OF EMPLOYMENT
Chapter II- WEEKLY REST PERIODS
1. When is an employees rest day?
An employees weekly rest day is determined and scheduled by
the employer subject to collective bargaining agreement and to
such rules and regulations as the Secretary of Labor may provide.
However, the employer shall respect the preference of employees
as to their weekly rest day when such preference is based on
religious ground.
Is a manager entitled to a rest day?
Managers are not entitled to rest day for they are one of those
employees exempted in the application of the provision. (Art. 82.)
2. May an employer require work on the employees rest
day?
Yes. An employer may require his employees to work on ANY day:
(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)

Under other circumstances analogous or similar to the

foregoing as determined by the Secretary of Labor

May an employer require work on a non-working special

holiday?
Yes. Such work shall be paid an additional compensation of at
least 30% of the regular wage of the employee. Where such
holiday work falls on the employees scheduled rest day, he shall
be entitled to an additional compensation of at least fifty percent
(50%) of his regular wage.