MEAL PERIODS
General rule: every employer is required to give his employees, regardless of sex, not less than one hour or 60
minutes time off for regular meals.
- It is not compensable hours worked as it is a time off
Exceptions (it will be compensable if):
1. Meal time is predominantly spent for the employer’s benefit
2. Meal periods of 1 hour are deemed compensable when the employee is on continuous shift
3. Shortened meal period of less than 1 hour
Shortened meal period of less than 60 minutes but not less than 20 minutes are compensable if:
1. Where the work is non-manual work in nature or does not involve strenuous physical exertion
2. Where the establishment regularly operates not less than 16 hours a day
3. In case of actual or impending emergencies or there is urgent work to be performed on machineries,
equipment or installations to avoid serious loss which the employer would otherwise suffer
4. Where the work is necessary to prevent serious loss of perishable goods
Conditions for the shortened meal period to be compensable:
1. The employees voluntarily agree in writing to a shortened meal period of 30 minutes and are willing to
waive the overtime pay for such shortened meal period.
2. There should be no diminution in the benefits of the employees which they receive prior to the effectivity
of the shortened meal period.
3. The work of the employees does not involve strenuous physical exertion and they are provided with
adequate coffee breaks in the morning and afternoon.
4. The value of the benefits derived by the employees from the proposed work arrangement is equal to or
commensurate with the compensation due to them for the shortened meal period as well as the overtime
pay for 30 minutes as determined by the employees concerned
5. The overtime pay of the employees will become due and demandable if ever they are permitted or made to
work beyond 4:30 pm
6. The effectivity of the proposed working time arrangement shall be for a temporary duration as determined
by the DOLE Secretary
COMPRESSED WORK WEEK
- Refers to a situation where the normal workweek is reduced to less than (6) days but the total number of
work-hours of 48 hours per week remains
FLEXIBLE WORK ARRANGEMENTS
- Refer to alternative arrangements or schedules other than the traditional or standard work hours, workdays
and workweek.
REST PERIOD
- Applies to all employers whether operating for profit or not, including public utilities operated by private
persons
- Art 91 of the labor code, it is the duty of the employer to provide each of his employees a rest period of not
less than 24 consecutive hours for every 6 normal work days.
WHO DETERMINES AND SCHEDULES THE WEEKLY REST PERIOD? THE EMPLOYER but must be
subject to the following:
1. Collective Bargaining Agreement
2. Rules and Regulations issued by the Secretary of Labor
3. Employees preferences based on religious grounds
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 machineries, equipment or installations to avoid serious loss
which the employer would otherwise suffer from
2. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake,
epidemic or other calamities to prevent loss of life or property, or in cases of force majeure or imminent
danger to public safety
3. In the event of abnormal pressure of work due to special circumstances, where the employer cannot
ordinarily be expected to resort to other measures
4. To prevent serious loss of perishable goods
5. Where the nature of the work is such that employees have to work continuously for 7 days in a week or
more
6. Under other analogous or similar circumstances
7. Where nature of work requires continuous operations and stoppage of work may result in irreparable injury
or loss to the employer
Premium pay if the employee worked in his designated rest day is 30%
OVERTIME COMPENSATION
- Is the additional pay for service or work rendered or performed in excess of eight hours a day by employees
or laborers covered by the Eight-hour Labor Law.
OVERTIME ON ORDINARY WORKING DAY= Regular wage + 25% of regular wage
OVERTIME WORK ON HOLIDAY OR REST DAY= Equivalent rate of the first eight hours on a holiday or
rest day + 30% or the rate
CONDITIONS TO BE ENTITLED TO OVERTIME PAY:
1. Actual rendition of work
2. Submission of sufficient proof that said work was actually performed
3. OT work is with the knowledge and consent of the employer
EMPLOYER MAY REQUIRE WORK OVERTIME WORK
General rule: Employees cannot be compelled to render overtime work against their will
Exceptions:
1. When the country is at war or when any other national or local emergency has been declared by Congress
or the Chief Executive
2. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake,
epidemic or other calamities to prevent loss of life or property, or in cases of force majeure or imminent
danger to public safety
3. In case of urgent work to be performed on machineries, equipment or installations to avoid serious loss
which the employer would otherwise suffer from
4. When the work is necessary to prevent loss or damage to perishable goods
5. When the completion or continuation of work started before the 8th hour is necessary to prevent serious
obstruction or prejudice to the business or operations of the employer
6. When overtime work is necessary to avail of favorable weather or environmental conditions where
performance or quality of work is dependent thereon
NIGHT SHIFT DIFFERENTIAL
- Is the work performed between 10pm to 6am
- Every employee shall be paid a night shift differential of not less than 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
HOLIDAY PAY
- Is a one-day pay given by law to an employee, even if he does not work on a regular holiday
General rule: An employer may require an employee to work on a regular holiday but such employee shall be paid
a compensation equivalent to twice his regular rate. If an employee is required to work on a special holiday, the
additional compensation should be 30% of his regular rate.
HOLIDAY
- No work, with pay
- With work, double pay
SPECIAL DAY
- No work, no pay
- With work, extra pay (30%)
313 days if rest 1 rest day
- 299 ordinary working days
- 11 regular holidays
- 3 special days
261 days if 2 rest days
Overtime pay cannot be waived, however a person right to claim can be waived.
OT pay can be compensable even without knowledge or consent if the following conditions are there:
Overtime is necessary
Company is benefitted from that overtime
If there is no other substitute and he cannot leave his work
