Critical Work Days

Under the Omnibus Rules Implementing the Labor Code

Rule III on Weekly Rest Periods

SECTION 6. When work on rest day authorized. An employer may require any of his employees to
work on his scheduled rest day for the duration of the following emergencies and exceptional
conditions:

(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 or property, or in cases of
force majeure or imminent danger to public safety;

(b) In case of urgent work to be performed on machineries, equipment or installations 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 serious loss of perishable goods;

(e) Where the nature of the work is such that the employees have to work continuously for seven (7)
days in a week or more, as in the case of the crew members of a vessel to complete a voyage and in
other similar cases; and

(f) When the work is necessary to avail of favorable weather or environmental conditions where
performance or quality of work is dependent thereon.

No employee shall be required against his will to work on his scheduled rest day except under
circumstances provided in this Section: Provided, However, that where an employee volunteers to work
on his rest day under other circumstances, he shall express such desire in writing, subject to the
provisions of Section 7 hereof regarding additional compensation.

SECTION 7. Compensation on rest day/Sunday/holiday. (a) Except those employees referred to under
Section 2, Rule I, Book Three, an employee who is made or permitted to work on his scheduled rest day
shall be paid with an additional compensation of at least 30% of his regular wage. An employee shall be
entitled to such additional compensation for work performed on a Sunday only when it is his established
rest day.

(b) Where the nature of the work of the employee is such that he has no regular work days and no
regular rest days can be scheduled, he shall be paid an additional compensation of at least 30% of his
regular wage for work performed on Sundays and holidays.
(c) Work performed on any special holiday shall be paid with an additional compensation of at least 30%
of the regular wage of the employees. Where such holiday work falls on the employee's scheduled rest
day, he shall be entitled to additional compensation of at least 50% of his regular wage.

(d) The payment of additional compensation for work performed on regular holiday shall be governed
by Rule IV, Book Three, of these regulations.

(e) Where the collective bargaining agreement or other applicable employment contract stipulates the
payment of a higher premium pay than that prescribed under this Section, the employer shall pay such
higher rate.

SECTION 8. Paid-off days. Nothing in this Rule shall justify an employer in reducing the compensation
of his employees for the unworked Sundays, holidays, or other rest days which are considered paid-off
days or holidays by agreement or practice subsisting upon the effectivity of the Code.

SECTION 9. Relation to agreements. Nothing herein shall prevent the employer and his employees or
their representatives in entering into any agreement with terms more favorable to the employees than
those provided herein, or be used to diminish any benefit granted to the employees under existing laws,
agreements, and voluntary employer practices.

RULE IV Holidays with Pay

SECTION 1. Coverage. This rule shall apply to all employees except:

(a) Those of the government and any of the political subdivision, including government-owned and
controlled corporation;

(b) Those of retail and service establishments regularly employing less than ten (10) workers;

(c) Domestic helpers and persons in the personal service of another;

(d) Managerial employees as defined in Book Three of the Code;

(e) 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 a fixed amount for performing work irrespective of the time consumed in the performance thereof.

SECTION 2. Status of employees paid by the month. Employees who are uniformly paid by the month,
irrespective of the number of working days therein, with a salary of not less than the statutory or
established minimum wage shall be paid for all days in the month whether worked or not.
For this purpose, the monthly minimum wage shall not be less than the statutory minimum wage
multiplied by 365 days divided by twelve.

SECTION 3. Holiday Pay. Every employer shall pay his employees their regular daily wage for any
worked regular holidays.

As used in the rule, the term 'regular holiday' shall exclusively refer to: New Year's Day, Maundy
Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the last Sunday of August,
the thirtieth of November, the twenty-fifth and thirtieth of December. Nationwide special days shall
include the first of November and the last day of December.

As used in this Rule legal or regular holiday and special holiday shall now be referred to as 'regular
holiday' and 'special day', respectively.

SECTION 4. Compensation for holiday work. Any employee who is permitted or suffered to work on
any regular holiday, not exceeding eight (8) hours, shall be paid at least two hundred percent (200%) of
his regular daily wage. If the holiday work falls on the scheduled rest day of the employee, he shall be
entitled to an additional premium pay of at least 30% of his regular holiday rate of 200% based on his
regular wage rate.

SECTION 5. Overtime pay for holiday work. For work performed in excess of eight hours on a regular
holiday, an employee shall be paid an additional compensation for the overtime work equivalent to his
rate for the first eight hours on such holiday work plus at least 30% thereof.

Where the regular holiday work exceeding eight hours falls on the scheduled rest day of the employee,
he shall be paid an additional compensation for the overtime work equivalent to his regular holiday-rest
day for the first 8 hours plus 30% thereof. The regular holiday rest day rate of an employee shall consist
of 200% of his regular daily wage rate plus 30% thereof.

SECTION 6. Absences. (a) All covered employees shall be entitled to the benefit provided herein when
they are on leave of absence with pay. Employees who are on leave of absence without pay on the day
immediately preceding a regular holiday may not be paid the required holiday pay if he has not worked
on such regular holiday.

(b) Employees shall grant the same percentage of the holiday pay as the benefit granted by competent
authority in the form of employee's compensation or social security payment, whichever is higher, if
they are not reporting for work while on such benefits.

(c) Where the day immediately preceding the holiday is a non-working day in the establishment or the
scheduled rest day of the employee, he shall not be deemed to be on leave of absence on that day, in
which case he shall be entitled to the holiday pay if he worked on the day immediately preceding the
non-working day or rest day.
SECTION 7. Temporary or periodic shutdown and temporary cessation of work. (a) In cases of
temporary or periodic shutdown and temporary cessation of work of an establishment, as when a yearly
inventory or when the repair or cleaning of machineries and equipment is undertaken, the regular
holidays falling within the period shall be compensated in accordance with this Rule.

(b) The regular holiday during the cessation of operation of an enterprise due to business reverses as
authorized by the Secretary of Labor and Employment may not be paid by the employer.

SECTION 8. Holiday pay of certain employees. (a) Private school teachers, including faculty members
of colleges and universities, may not be paid for the regular holidays during semestral vacations. They
shall, however, be paid for the regular holidays during Christmas vacation;

(b) Where a covered employee, is paid by results or output, such as payment on piece work, his holiday
pay shall not be less than his average daily earnings for the last seven (7) actual working days preceding
the regular holiday; Provided, However, that in no case shall the holiday pay be less than the applicable
statutory minimum wage rate.

(c) Seasonal workers may not be paid the required holiday pay during off-season when they are not at
work.

(d) Workers who have no regular working days shall be entitled to the benefits provided in this Rule.

SECTION 9. Regular holiday falling on rest days or Sundays. (a) A regular holiday falling on the
employee's rest day shall be compensated accordingly.

(b) Where a regular holiday falls on a Sunday, the following day shall be considered a special holiday for
purposes of the Labor Code, unless said day is also a regular holiday.

SECTION 10. Successive regular holidays. Where there are two (2) successive regular holidays, like
Holy Thursday and Good Friday, an employee may not be paid for both holidays if he absents himself
from work on the day immediately preceding the first holiday, unless he works on the first holiday, in
which case he is entitled to his holiday pay on the second holiday.

SECTION 11. Relation to agreements. Nothing in this Rule shall justify an employer in withdrawing or
reducing any benefits, supplements or payments for unworked holidays as provided in existing
individual or collective agreement or employer practice or policy.