Dy, Allyson Stacey

LABOR LAWS

Below states the basic labor laws in the Philippines from the Labor Code of the
Philippines (PRESIDENTIAL DECREE NO. 442)

What is PD 422?
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND
CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION TO
LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT
AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL JUSTICE. (PD-422 Page 1)

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Below states some of the basic labor laws here in the Philippines…

1. Working Hours in the Philippines

No employee shall work for more than 8 hours a day. This includes of a daily at least 1
hour lunch break. However, the employed is only required to work for a max of 8 hours
in the office. No Law has been published about this mandate for the Work from Home
setup. Nevertheless, there is an exemption to this, ARTICLE 82 of the Labor code does
state that employees under all establishments need to complete a set of working hours
EXCEPT Government employees, Managerial employees, Field Personnel, Family
members of the employer who are dependent for support, Domestic Help, Service
Providers, Workers that are given wages/salary based on the SLR (Secretary of Labor
Regulations)

2. Meal Times
The law states that all employers must get a no less than 60 min. Meal break. Usual
time would be 12 noon.

3. Night Shifts
An employee who works anytime between 10pm-6am must be paid a min of 10% over
his regular hourly wage.

4. Overtime
Since an employee works for 8 hours maximum, he/she should be paid an extra
compensation of 25% of his regular work wage when works overtime. The employer is
liable to pay an additional compensation equivalent to the average 8-hour pay, including
30% more if he has asked his employee to work beyond 8-hours on a holiday or rest
day.
5. Leaves
ALL employers are subject to a weekly rest day of a full 24-hours after every 6
consecutive working days. The specific rest day can be mutually decided. However, an
employee can argue his case if he prefers to be given a rest day based on a religious
event or holiday. All workers reserve the right of holiday pay. This will include his regular
daily wage. In the case that they are called into work on a holiday, they must be paid x2
their regular rate. Moreover, If an employee has worked for a minimum of one year for
his company, he must be offered a yearly service incentive leave of five days with
regular pay.