Labor Law – Presidential decree no.
442 o If waiting time spent by the employee is
an integral part of work, then it is
Article 82. Coverage
counted as hours worked or time spent
The provisions in this title shall apply to employees in waiting is required by the employer.
all establishments and undertakings whether for profit or On call waiting time
not o If the employee is required to remain on
call in the employer’s premises, or so
Except for: (GoMaFiFaDoPeW) close thereto that he can’t use the time
1. Government employees gainfully for his own purpose shall be
2. Managerial employees counted as hours worked.
3. Field personnel
4. Family members of the employer who are Attendance at lectures, meetings, training programs,
dependent on him for support and other similar activities
5. Domestic helpers
Attendance and etc. shall not be counted as hours
6. Persons in personal service of another
worked if:
7. Workers who are paid by result
Attendance is outside the employee’s regular
Article 83. Normal hours of work
working hours
The normal hours of work shall not exceed 8 hours a The attendance is voluntary
day. The employee does not do any productive work
during such attendance
Article 84. Hours Worked.
Article 86. Night-shift differential
Hours worked shall include:
o All time during which an employee is All employees working between 10:00 pm to
required to be on duty or to be at a 6:00 pm the following day is compensated an
prescribed place. additional 10% of his wage
o All time during which an employee is
Article 87. Overtime Work
suffered or permitted to work
Rest periods of short duration are also counted All employees may work beyond 8 hours per
as hours worked day given that they are paid for their work an
additional 30%
Considered worked hours are the following:
If their overtime falls on their rest days, holidays
All hours in which the employee is required to and etc. they are entitled to the premium of that
give to the employer whether such hours are holiday plus their overtime compensation of
spent in productive labor or involve physical 30%
exertion.
Regular holidays are the following:
Rest periods in which the employee is resting
completely is not counted as hours worked. New Year’s Day - January 1
If the work performed was necessary Maundy Thursday - Movable date
If the work benefitted to employer Good Friday - Movable date
The employee could not abandon his work at the Eidul Fitr - Movable Date
end of his normal working hours because he had Eidul Adha - Movable Date
no replacement Araw ng Kagitingan - April 9
Labor Day - May 1
All time spent for such work shall be considered as
Independence Day - June 12
hours worked, if the work was with the knowledge of his
National Heroes Day - Last Monday of August
employer or immediate supervisor.
Bonifacio Day - November 30
Treatment on waiting time: Christmas Day - December 25
Rizal Day - December 30
Waiting time is integral or required by the
employer Holiday Pay Rates
If the employee does not go to work, he is still
getting his pay of 100% (basic wage x 100%)
If the employee works on holidays then he is
getting his 100% pay plus another 100% (Basic
wage x 200%)
If the employee does not work on double regular
holidays then they are entitled to 200% of their
wage (basic wage x 200%)
If the employee works on double regular
holidays then they receive an additional 100% of
pay (basic wage x 300%)
