Labor Code: Book III — Conditions of Employment; Title I — Working Conditions and Rest Periods; Chapter II — Weekly Rest Periods (September 19, 2023)

 Book III — Conditions of Employment

Title I — Working Conditions and Rest Periods

Chapter II — Weekly Rest Periods

Q: Who selects an employee's rest day? May a Seventh Day Adventist be compelled to work on a Saturday or a Catholic on a Sunday? 

Q: Is premium pay different from overtime pay?

Art. 91. Right to weekly rest day.

1. 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.
2. 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.

Notes:

• If an employee, for religious reasons, prefers a particular day of the week as his rest day, he should make it known to the employer in writing at least seven days before the day preferred. 
• Where, however, the choice of the employee will prejudice the operations of the undertaking and the employer cannot normally be expected to resort to other remedial measures, the employer may so schedule the weekly rest day that it meets the employee's choice for at least two days in a month. (See the Implementing Rules of the Code, Rule III, Book III.) In short, they compromise: two rest days in a month are chosen by the employee, and the other two by the employer.

Art. 92. When employer may require work on a rest day. 

The employer may require his employees to work on any 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.

Art. 93. Compensation for rest day, Sunday or holiday work.

1. 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. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day.
2. 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.
3. 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 percent (50%) of his regular wage.
4. 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.

Notes:

• For work done on rest day, special holidays or special day:
• regular renumeration regular renumeration or 100%, and
• additional sum, called premium pay of at least 30% of the regular renumeration.
• Ex: Regular daily rate: P400.00;
  April 2, 2023 (Rest day)

  ＞    If worked

          1st 8 hours — P400.00 (1.3) = P520.00
• April 9, 2023 (Regular Holiday and Rest day)

  ＞    If worked

          Holiday pay — P400.00 (2) = P800.00

          Rest day pay — P800.00 (0.3) = P240.00

          Total                 = P1040.00

  December 31, 2023 (Special Holiday and Rest day)

  ＞    If worked

          Rest day pay — P400.00 (1.5) = P600.00
• For employees paid on monthly basis:
• the first 100% of the 130% corresponding to the regular renumeration may or may not already be a part of the monthly salary (See topic monthly salaried employee below). 
• if it is, collect only the premium 30%
• if it is not, then the employee has a right to receive the entire 130% 

De Leon v. Pampanga Sugar Development Co., Inc,. 20 SCRA 628

• The petitioners were security who guards worked eight hours a day, seven days a week. They filed a complaint seeking premium or differential pay.
• CIR dismissed the case, stating that the security guards were already paid their monthly salaries plus 25% additional compensation for work on Sundays and holidays.
• The petitioners argued that under Commonwealth Act 444 as amended (Eight-Hour Labor Law), they were entitled to their monthly salary and 25% additional compensation for Sunday or holiday work not exceeding eight hours.
• Section 4 of C.A. 444 states that employees working on Sundays and legal holidays must receive an additional sum of at least 25% of their regular remuneration.

WoN the petitioners' monthly salaries already covered the 100% regular remuneration for Sundays and legal holidays. YES.

The regular monthly or yearly wage may or may not include the first 100% of the 125%, depending on the employment conditions. The petitioners' monthly salaries did cover work on Sundays and legal holidays based on the way they calculated their daily wages. The findings of fact of the CIR are conclusive on this Court, where they are supported by substantial evidence, and the lower court has not acted with grave abuse of discretion in reaching them

• An employee's rest day can be any day of the week. 
• Work on Sunday, if not, it is not the employee's rest day does not give any extra pay, unless the law on holiday pay (Art. 94) is applicable.
• E.O. No. 203 specifies the days considered as legal holiday and special holidays.
• All Saints' Day (November 1)
• Last Day of the Year (December 31)
• Ninoy Aquino Day (August 21)
• R.A. 9256 approved on February 25 2004
• Special non-working holiday celebrating the historic martyrdom of the late Senator Benigno "Ninoy" Aquino Jr. who fought up to his death the 20 years of Marcos dictatorship.
• The premium pay for work on special day is 30%
• Ex: Regular daily rate: P400.00; 
  November 1, 2023 (Wednesday)

  ＞    If worked

         premium pay — P400.00 (0.3) = P120.00
• The premium pay for work on legal day is 100%
• Ex: Regular daily rate: P400.00;
  November 30, 2023 (Thursday)

  ＞    If worked

         premium pay — P400.00 (1) = P400.00