GUIDE QUESTIONS:

1. Who are covered by the Law on Conditions of Employment?

Under the provisions of Article 82 of the Labor Code of the Philippines, working hours apply to employees in
all establishments and undertakings whether for profit or not, EXCLUDING the following: government
employees; (municipal or local unit), managerial employees; (management/mga hr), field personnel; (engr/
civil/archi), family members of the employer who depend on him for support; (e.g family ng manager),
domestic helpers; (nanny, maid), persons who provide personal service to other people; and (house maid),
workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.

Kaya excluded because of civil service

This provision is applied or involved employees in all establishments, institutions, firms, companies, and
businesses, whether for profit or not. Ito ay tumutukoy sa empleyado na nagttrabaho sa private
establishments, company, institutions, or business. Hindi sakop ang mga govt employees, dahil may
sinusunod din silang mga laws or provisions intended sa kanila. May specific provision mismo sa kanila sa
nature of employment.

As used herein, “managerial employees” refer to those whose primary duty consists of the management
of the establishment in which they are employed or of a department or subdivision thereof, and to other
officers or members of the managerial staff.

The employees here are part of the management. Nasa Top Management sila in a particular
company. Matataas ang pwesto. Managerial employees, commonly known as managers, are those
vested with power by the Labor Code to lay down and execute management policies and/or hire, transfer,
suspend, lay-off, recall, discharge, assign or discipline employees that are under their supervision.

“Field personnel” shall refer to non-agricultural employees who regularly perform their duties away from
the principal place of business or branch office of the employer and whose actual hours of work in the field
cannot be determined with reasonable certainty.

Field personnel and other employees whose time and performance is unsupervised by the employer
including those who are engaged on task or contract basis, purely commission basis, or those who are paid
in a fixed amount for performing work irrespective of the time consumed in the performance.

More on nasa labas. Example: engineer, bus driver, traffic supervisor

2. What is the duration of the “normal hours of work” of employees?

ARTICLE 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight
(8) hours a day. This eight hour period is called the normal hours of work. A: Typically, an employee works
8 hours a day

Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in
hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for
eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of
the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they
shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work
on the sixth day. For purposes of this Article, “health personnel” shall include resident physicians, nurses,
nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians,
psychologists, midwives, attendants and all other hospital or clinic personnel.

1. 8 hours a day purely sa pagttrabaho lang. example: kung ang simula ng trabaho ay 7-11am,
nagconsume ng 4hrs. then, yung 11-12pm ay lunch time and yun ng yung exclusive of time for meals, hindi
kasama ang oras para sa pagkain doon sa 8hrs na ipagtrabaho. And yung another 4hrs na 12-4pm yan
yung kasundo ng 4hrs na natrabaho sa umaga, kaya 8hrs. 2. EXCEPT where the exigencies of the
service require that such personnel work for six (6) days or forty-eight (48) hours, in which case,
they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular
wage for work on the sixth day – kalimitan mga Doctor or Nurse ang nag wwork ng 6 days dahil may
needs or emergency na kinakailangan gawin na essential or requirement na kailangan mag work. Bakit?
Because of a certain reason, let’s say to meet deadlines or may emergency na may nangyari sa isang
patient and they shall be entitled to an additional compensation of at least thirty percent (30%) of
their regular wage

3. What is “hours worked?”

ARTICLE 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. – okay lang sila
magpahinga ng kaunting oras o ilang minutes sa oras ng kanilang trabaho. (rest period like mag-cr,
kain)

a. all time during which an employee is required to be on duty or to be at a prescribed workplace –

buong oras (8hrs) ang emplyado ay dapat nagttrabaho o nasa duty of workplace para magtrabaho. Eg.
Mga doctor: sa oras ng trabaho, dapat hindi makikita ang isang empleyado na naka-uniform na nasa labas
(e.g. nasa mall or nakain sa Jollibee) ay kalagitnaan ng trabaho, dapat nasa duty of workplace para
magtrabaho

b. all time during which an employee is suffered or permitted to work. – allow magtrabaho ang
employees in a particular task (work) or place (kung saan naka-aasign) E.g. Nurses, binibisita or
chinecheck ang mga patients and ini-inform ang mga doctors abt the patients

ARTICLE 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.

4. What is night shift differential?

ARTICLE 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 work performed between ten o’clock in the
evening and six o’clock in the morning.

 Duty ng gabi. Meron silang additional bayad or sahod na not less than 10% of his regular wage for
each hour of work. (E.g. Nurse)
 The purpose behind the provision is to give premium to night work when an employee is supposed to
be sleeping. Working at night is violative of the law of nature for it is the period for rest and sleep. An
employee who works at night has less stamina and vigor; thus, he can easily contract a disease.
 Work done at night places has a greater burden on the worker. It is more strenuous and onerous
than work done during the day; therefore, it deserves greater or extra compensation (Shell Co. vs.
NLU, 81 Phil. 315).
5. What is overtime work?

ARTICLE 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.
 Pagtrabaho na lumampas ng 8hrs. kapag lumampas sa 8hrs, may an additional compensation
equivalent to his regular wage plus at least twenty-five percent (25%) However, kapag holiday or rest day
na-performed is 30% ang idadagdag sa compensation na equivalent to the rate of the first eight hours.
(E.g. mga DOCTOR or NURSES – the reason why sila laging overtime is because kailangan nilang i-check
ang mga patients nila, lalo na po ngayong pandemic. Therefore, subject sila for additional compensation.
Work done in overtime has a greater burden on the worker. It is more active and heavier; therefore, it
deserves greater or extra compensation

ARTICLE 89. Emergency overtime work. 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.
f) Any employee required to render overtime work under this Article shall be paid the additional
compensation required in this Chapter.

6. What is rest day?

ARTICLE 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.

Tungkulin ng mga employer na ang bawat empleyado ay magkaroon ng rest day. (E.g. Doctors, ang
rest day nila is Sunday 24hrs)

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.
 (E.g. in here, it doesn’t mean na ang rest day ay magffall tuwing Sunday, E.g mga Nurses –
Monday Rest day, then Tuesday-Sunday ang Working days) (E.g. Mga nasa mall po na
employees, – mostly maraming tao tuwing Sunday at doon sila maggain ng income kaya ang Rest
Day nila ay move to other schedule na subject to collective bargaining agreement and to such rules
and regulations as the Secretary of Labor and Employment.
 Religious grounds – may exception if it comes to religion, the employer shall respect the preference
of employees for their weekly rest day, considering the religious grounds po. (E.g mga INC)

7. What is holiday pay?

ARTICLE 94. Right to holiday pay.

a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and
service establishments regularly employing less than ten (10) workers;
 Kapag ang empleyado ay pumasok during regular holidays, ay babayaran sya katumbas ng regular
daily wage (E.g. sa mga companies – minsan maraming trabaho na kailangan matapos at mameet nag
deadline, kaya sila nagtatrabaho during holidays)

b) The employer may require an employee to work on any holiday but such employee shall be paid a
compensation equivalent to twice his regular rate; and

Kapag ang empleyado ay pumasok during regular holidays, yung per day na sinasahod nya ay dobleng
ibibigay sa kanya o double pay kapag pumasok ng holiday. (E.g. Nurse, kung ang sweldo ng isang
empleyado sa isang araw (8hrs) ay 500, and then, ni-require syang pumasok ng employer ng holiday, sya
ay babayaran TWICE OF HIS REGULAR RATE or DOUBLE PAY meaning, doon sa isang araw na holiday
na pinasukan nya – 1K ang rate ang kanyang magiging paid compensation)

c) As used in this Article, “holiday” includes: New Year’s Day, Maundy Thursday, Good Friday, the
ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the
twenty-fifth and thirtieth of December and the day designated by law for holding a general election.

8. What is service incentive leave?

ARTICLE 95. Right to service incentive leave. Incentive – Vacation leave and Sick leave are related
to incentive leave (dahil ito po yung common)

a) Every employee who has rendered at least one year of service shall be entitled to a yearly service
incentive leave of five days with pay.

Ang isang empleyado na nagserbisyo ng at least 1 year, ay may ay maeenjoy o makatatanggap ng

yearly service incentive leave pay of five days. (E.g. Office clerk in the bank or in the company like AG&P)

b) This provision shall not apply to those who are already enjoying the benefit herein provided, those
enjoying vacation leave with pay of at least five days and those employed in establishments
regularly employing less than ten employees or in establishments exempted from granting this
benefit by the Secretary of Labor and Employment after considering the viability or financial
condition of such establishment.

Ang provision na ito( Article 95 – Right to Incentive Leave Pay) ay hindi na paiiral don s sadyang ini
enjoy na eto or meron na nyan; ganundin sa mga empleyado ng establisimyento na ang may sampo (10) o
mas mababa pang empleyado; o don sa mga establisimyento na hindi igina-grant or ibinibigay ang
benipisyong ayon sa Sec of Labor & employment matapos mabigyang pansin at mapagaralan ang financial
status o condition ng mismong istablisimyento.

Service Incentive Leave (SIL)

The SIL is the alternative option for employers who don’t grant their employees sick or vacation leaves.
By law, companies are required to grant their staff, who have worked for them for a year, SIL equivalent to
five days. These five days can be used either as sick or vacation leave. If not used during the year,
employers can pay it’s money equivalent when the year ends.

c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or
any court or administrative action.

Halimbawa di ka na providan ng SIL, hindi pedeng ipasok sa court kapag di nakuha ng SIL, dapat ay
nasa employer or employee

Ang pagkakaloob ng benepisyong eto ay naeenjoy ng mga empleyado na ayon sa pinaiiral na batas o
provision, hindi eto malaking usapin,o hindi na dapat magkaroon ng negotiation sa bagay na eto or umabot
pa sa court or administrative action, sapagkat eto ay ipanapatupad sa lahat ng empleyado bilang
karapatatn nila ayon sa approval ng sec of labor and employment.
 Service incentive leaves are five (5) leave credits with full pay given to qualified employees who have
rendered at least one (1) year of service. However, not all employees may avail the service incentive
leave.
 The term “at least one-year service” shall mean service for not less than 12 months, whether
continuous or broken calculated from the date the employee started working, including authorized
absences and paid regular holidays unless the working days in the establishment as a matter of
practice or policy, or that provided in the employment contract is less than 12 months, in which case
said period shall be considered as one year.
 Does employer can give Service Incentive Leave to employee who do not complete yet the 1
year of service in the company? YES. Leave credit is a management discretion and it is allowed as
long as it is not contrary to the law. Providing leave in advance (whether it is called a service incentive
leave, sick leave or vacation leave) is highly beneficial to the employees and there is no law that
prohibits that. (Article 95.c stated that “The grant of benefit in excess of that provided herein shall not be
made a subject of arbitration or any court or administrative action.”)
 Is Service Incentive Leave convertible to cash? The service incentive leave shall be commutable to
its money equivalent if not used or exhausted at the end of the year.

The service incentive leave may be used for sick and vacation leave purposes. The unused service
incentive leave is commutable to its money equivalent at the end of the year. In computing, the basis shall
be the salary rate at the date of conversion. The use and conversion of this benefit may be on a pro rata
basis.