Published — June 22, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
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.
After reading “What are the instances when an employer may compel his/her employees to work on a rest day?”, read also “What are the rules on meal and rest periods of employees?”
-
It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period.
-
No employee shall be required against his will to work on his scheduled rest day except under the circumstances provided therein where work on such rest day may be compelled.
-
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 enumerated under the Labor Code.
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. (Article 91, Labor Code of the Philippines)
The law says:
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. (Article 91, Labor Code of the Philippines)
However, 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 enumerated under the Labor Code.
The law says:
- 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;
- In case of urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer;
- In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;
- To prevent serious loss of perishable goods;
- 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
- When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon. (Section 6, Rule III, IRR of the Labor Code of the Philippines)
No employee shall be required against his will to work on his scheduled rest day except under the circumstances provided therein where work on such rest day may be compelled. 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 a voluntary basis. 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. (Section 6, Rule III, IRR of the Labor Code of the Philippines)
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
[email-subscribers-form id=”4″]