1 Art 82- 96 Paler, J

CONDITIONS OF EMPLOYMENT

ART 82
COVERAGE

- This shall apply only to employees in ALL establishments EXCEPT:

• government employees
• managerial employees
• field personnel
• members of the family of the employer dependent on him for support
• domestic helper, personal service
• paid by result
- MANAGERIAL EMPLOYEES - primary duty consists of the management of establishment
including officers and managerial staff
- FIELD PERSONNEL - non-agricultural employee regularly perform duties away from the
premises of the place of business

ART 83
NORMAL HOURS OF WORK

• shall not exceed eight (8) hours a day for 6 days

• health personnel with bed capacity of 700 and population of 1M - 5 days, 8 hrs per day
• if exceeds 6 days or 48 hours - employee is entitled to 30%

ART 84
HOURS WORKED

1. All time during which an employee is required to be on duty or to be at the prescribed

place
2. All time during which an employee is permitted to work
- all hours employee gives to employer
- rest periods of short duration
- work benefitted employer with his knowledge
- sleeping subject to serious interruption
- remain on call that he cannot use his time effectively
- travel from job site to another
- travel away from home
- lectures, meeting and trainings EXCEPT
A. attendance is outside working hours
B. voluntary
C. employee does not perform productive work
- grievance meeting
- semestral break

ART 85
MEAL PERIODS

• not less than 60 minutes

2 Art 82- 96 Paler, J

• if less than 60 minutes, for employer’s benefit - compensable

• continuous shift - compensable

ART 86
NIGHT SHIFT DIFFERENTIAL

• 10% of his regular wage for each hour

• hours worked : 10PM to 6AM
• at least 6 employees
• not waivable unless for for higher benefits

ART 87
OVERTIME WORK

• performed work beyond 8 hours

• REGULAR DAY : 25% for each hour
• SCHEDULED REST DAY / SPECIAL HOLIDAY : 30%

COMPRESSED WORK WEEK

1. Scheme is necessary and voluntarily supported by majority of the employees affected
2. hazardous to health must conform with DOLE’s standards
3. DOLE Regional Office is notified
- number of work days reduced but the number of work hours increased to more than
8 hours but no overtime pay is claimed

FLEXIBLE WORK ARRANGEMENTS

- alternative arrangements or schedule other than traditional or standard work hours, days
or week
1. Rotation Work Days
2. Rotation of Workers
3. Forced Leave
4. Broken-time schedule
5. Flexi-holiday schedule

ART 88
UNDERTIME

• Undertime shall NOT be offset by overtime

• they are not of equal value

ART 89
EMERGENCY OVERTIME WORK

1. Country is at war or national or local emergency declared by Congress or Chief Executive

2. Necessary to prevent loss of life or property or in case of imminent danger of public safety
due to an actual or impending emergency caused by serious accidents, fire, flood,
typhoon, earthquake
3 Art 82- 96 Paler, J
3. Urgent work to be performed on machines to avoid serious loss or damage to the
employer
4. Necessary to prevent loss or damage to perishable goods
5. Completion or continuation of work started before the 8th hour is necessary to prevent
serious obstruction or prejudice to business

ART 90
REGULAR WAGE

• does not include the account of facilities provided by employer

ART 91
RIGHT TO WEEKLY REST DAY
• a rest period of not less than 24hrs after 6 consecutive days
• employer shall determine and schedule the rest day
• SUBJECT to:
• CBA
• rules and regulations of DOLE
• preference of employees based on religious grounds

ART 92
EMPLOYER REQUIRE TO WORK ON REST DAY

1. actual or impending emergencies

2. urgent work to be performed on machines to avoid serious loss to employer
3. abnormal pressure of work due to special circumstances
4. prevent loss or damage to perishable goods
5. nature of work requires continuous operations and stoppage of work may result in
irreparable loss
6. analogous or similar circumstances
7. work is necessary to avail favorable weather

ART 93
PREMIUM PAY FOR REST DAY OR HOLIDAY

1. Scheduled rest day - 30%

2. Sundays - 30%
3. Special holidays - 30%
4. Special holiday + Rest day - 50%

SPECIAL HOLIDAY (non-working : any day proclaimed by the President)

1. Ninoy Aquino Day - August 21
2. All Saints Day - Nov. 1
3. Last Day of the Year - Dec 31
4. So. Leyte Anniversary (local) - July 1
5. Maasin City Charter Day (local) - August 10
4 Art 82- 96 Paler, J
ART 94
RIGHT TO HOLIDAY PAY

• 100% of regular wage EXCEPT establishment less than 10

• if required to work : 200%
• should not be absent without pay the day before the holiday

12 REGULAR HOLIDAYS
1. New Year’ Day - January 1
2. Maundy Thursday
3. Good Friday
4. Araw ng Kagitingan - April 9
5. Labor Day - May 1
6. Independence Day - June 12
7. National Heroes’ Day
8. Eid’l Fitr
9. Eid’l Adha
10. Bonifacio Day - November 30
11. Christmas Day - December 25
12. Rizal Day - December 30

DOUBLE HOLIDAY - 300% if worked

- 200% if unworked

ART 95
RIGHT TO SERVICE INCENTIVE LEAVE
•
• 5 days with pay
• shall not apply if already enjoying vacation leave 5 days with pay
• can be converted to money

CANNOT BE UNILATERALLY WITHDRAWN:

1. ripened into company practice
2. consistent and deliberate
3. not due to error

ART 96
SERVICE CHARGE

• 85% covered employees

• 15% management
• divided once every 2 weeks
• not mandatory; a management prerogative