When can an employer require work on a rest day?

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

 

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AT A GLANCE:

While employers are obliged to provide their employees with a weekly rest day of not less than twenty (24) consecutive hours, the Labor Code, under Article 92, nonetheless recognizes circumstances when the employer may compel his or her employee to work on a rest day:

1. 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; 
2. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; 
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 loss or damage to perishable goods; 
5. 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 
6. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.

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In the Philippines, employers are obliged to give their employees a rest period of not less than twenty (24) consecutive hours for every six (6) consecutive normal work days (Art. 91, Labor Code). Typically, establishments and enterprises choose Sunday as a rest day, but rest days may vary, depending on:

1. The schedule of the rest day according to the Collective Bargaining Agreement (CBA); 
2. The rules and regulations of the Secretary of Labor; and
3. The preference of employees as to their weekly rest days based on religious grounds. (Art. 91, Labor Code).

 

While the law mandates employers to give their employees a weekly rest day, the Labor Code itself provides for exceptions when employers can require an employee to work on a rest day.

 

The law, specifically Art. 92 of the Labor Code, says that the employer may require his employees to work on even on a rest day:

1. 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;
2. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer;
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 loss or damage to perishable goods;
5. 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
6. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.

 

How much additional compensation should be given to employees who worked on their scheduled rest day, Sunday, or a holiday?

 

Under Article 93 of the Labor Code, where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. Take note, that an employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. 

 

When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays. 

 

Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage. 

 

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

 

 

RELATED ARTICLES:

WHAT IS THE RATE OF ADDITIONAL COMPENSATION FOR WORK ON A REST DAY, SUNDAY, OR HOLIDAY WORK?

WHAT ARE THE INSTANCES WHEN AN EMPLOYER MAY COMPEL HIS/HER EMPLOYEES TO WORK ON A REST DAY?

 

 

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.

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