LABOR STANDARDS

REST DAY, HOLIDAYS, LEAVES, SERVICE CHARGES, 13TH MONTH PAY AND OTHER
 REST DAY
Right to weekly rest day (Art. 91, LC)
COVERAGE
The rule on weekly rest period is applicable
to all employers, whether operating for
profit or not, including public utilities
operated by private persons.
 REST DAY
Right to weekly rest day (Art. 91, LC)
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.
 REST DAY
Right to weekly rest day (Art. 91, LC)
The employee should make known his preference to the
employer in writing at least 7 days before the desired
effectivity of the initial rest day so preferred.
Where, however, the choice of the employees as to
their rest day based on religious grounds will inevitably
result in serious prejudice or obstruction to the
operations of the undertaking and the employer cannot
normally be expected to resort to other remedial
measures, the employer may so schedule the weekly
rest day of their choice for at least 2 days in a month.
 REST DAY
When work on a rest day authorized (Art. 92, LC)
GENERAL RULE:
Noemployee shall be required against his will to
work on his scheduled rest day

EXCEPTION:
Under the circumstances provided under Art. 92
of the Labor Code where work on such day may
be compelled.
 REST DAY
When employer may require work on a rest day
(Art. 92, LC)
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;
 REST DAY
When employer may require work on a rest day
(Art. 92, LC)

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 and Employment.
 REST DAY
When work on a rest day authorized (Art. 92, LC)

However, in case work on rest day is required and not

one of the said circumstances is present, the employee
may work during such rest day but only on voluntary
basis.
And once an employee volunteers to work on his rest
day, he should express such willingness and desire to
work in writing.
Accordingly, he should be paid the additional
compensation for working on his rest day under the
law.
 HOLIDAY
Right to Holiday Pay in Case of Absences (Art. 94, LC)

EFFECT OF ABSENCES ON ENTITLEMENT TO HOLIDAY PAY

Employees on leave of entitled to holiday pay
absence with pay when they are on leave of
absence with pay
Employees on leave of may not be paid the
absence without pay on required holiday pay if he
the day immediately has not worked on such
preceding the regular regular holiday
holiday
 HOLIDAY
Right to Holiday Pay in Case of Absences (Art. 94, LC)

EFFECT OF ABSENCES ON ENTITLEMENT TO HOLIDAY PAY

Employees on leave Employers should grant the same percentage of
while on SSS or the holiday pay as the benefit granted by
employees competent authority in the form of employees
compensation compensation or social security payment,
benefits whichever is higher, if he is not reporting for
work while on such benefits
When day preceding Should not be deemed to be on leave of absence
the regular holiday is on that day, in which case, he is entitled to the
a non-working day or regular holiday pay if he worked on the day
scheduled rest day immediately preceding the non-working day or
rest day
 HOLIDAY
Right to Holiday Pay in Case of Temporary
Cessation of Work
Temporary or periodic shutdown or cessation of work
not due to business reverses (as when a yearly
inventory or when the repair or cleaning of machineries
and equipment is undertaken)
Theregular holidays falling within the period should be
compensated
Temporary cessation of operation due to business
losses or reverses
The regular holidays falling within the period should NOT be
paid by the employer
 HOLIDAY
Exclusions from coverage
Those of the government and any of the political subdivisions, including
government-owned and controlled corporations;
Those of retail and service establishments regularly employing less than 10
workers;
Domestic helpers;
Persons in the personal service of another;
Managerial employees
Field personnel and other employees whose time and performance is
unsupervised by the employer;
Those who are engaged on task or contract basis or purely commission basis;
Those who are paid a fixed amount for performing work irrespective of the
time consumed in the performance thereof;
Other officers and members of the managerial staff;
Members of the family of the employer who are dependent on him for
support.
 LEAVES
Service Incentive Leave Pay (Art. 95, LC)
GENERAL RULE:
Every covered employee who has rendered at least 1 year of
service is entitled to a yearly service incentive leave of 5 days with
pay.
The term at least 1 year of service should mean service within
12 months, whether continuous or broken, reckoned from the date
the employee started working, including authorized absences and
paid regular holidays.
EXCEPTION:
Unless the number of 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 should
be considered as 1 year for the purpose of determining entitlement
to the service incentive leave benefit.
 LEAVES
Exclusions from coverage of SIL
Those of the government and any of the political subdivisions, including
government-owned and controlled corporations;
Domestic helpers;
Persons in the personal service of another;
Managerial employees
Field personnel and other employees whose time and performance is
unsupervised by the employer;
Those who are engaged on task or contract basis or purely commission basis;
Those who are paid a fixed amount for performing work irrespective of the
time consumed in the performance thereof;
Those who are already enjoying the benefit provided in the law;
Those enjoying the vacation leave with pay of at least 5 days;
Those employed in establishments regularly employing less than 10 employees;
Other officers and members of the managerial staff;
Members of the family of the employer who are dependent on him for support.
 LEAVES
Commutable nature of benefit of SIL
The service incentive leave (SIL) is commutable to its
monetary equivalent if not used or exhausted at the end
of the year.
In computing the SIL benefit, the basis is salary rate at
the date of commutation.
The availment and commutation of the SIL benefit may
be on pro-rata basis.
Formula:

(no. of months in service/12) x 5 days

 LEAVES
Maternity Leave
Itis the period of time which may be availed of
by a woman employee, married or unmarried, to
undergo and recuperate from childbirth,
miscarriage or complete abortion during which
she is permitted to retain her rights and
benefits flowing from her employment.