LLSL WEEKLY REST PERIODS (ARTICLES 91-93).pdf

Chapter II WEEKLY REST PERIODS Article 91. Right to weekly rest day. 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 eve...

Chapter II WEEKLY REST PERIODS Article 91. Right to weekly rest day. 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. 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. Note: The worker’s rest day may be any day of the week, not necessarily Sunday only. Traditionally, Sunday is designated as the worker’s rest day because it coincides with the day of religious obligation or the so-called “Lord’s Day”, the principal day of communal worship for many religious denominations in the Philippines. Although the Labor Code says that employer must respect the preference of employees as to their weekly rest day when such preference is based on religious grounds, it must not prejudice the operation of the undertaking of the employer and the employer cannot take remedial measures to grant the worker’s choice of his/her rest day. In which case, the employer may so schedule the rest day to meet the worker’s choice for at least two days in a month. Article 92. Employer may require 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. Note: The instances when employer may require employee to work on a rest are similar to those instances when the employee may be required to work overtime. Article 93. Compensation for rest day, Sunday or holiday work. 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. 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 Things to Remember: 1. The additional compensation is called “premium pay”. 2. An employee is entitled to the premium pay for working on a Sunday only if it his/her established or designated rest day. If Sunday is not the employee’s rest day, then no premium pay for working on that day. 3. 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/she is entitled to the premium pay for working on a Sunday. How much is the employee’s premium pay? 1. If the employee works on his/her rest day – 30% of the regular wage; 2. If the employee works on a special holiday - 30% of the regular wage; 3. If the employee works on his/her rest day and it happens to be a special holiday too – 50% of the regular wage. Illustration: Z works in Jollibee from 8am to 5pm, with 1 hour meal break. Z’s daily rate is P400.00 (P50/hour). Z’s rest day is Sunday. a. If Z works on a Sunday, then his/her pay for that day is P520.00 (i.e., P400 + 30% premium pay); b. If Z worked on Black Saturday (a special holiday), then his/her pay for that day is P520.00 (i.e., P400 + 30% premium pay); c. If Z worked on his rest day that happens to be a special holiday too, then his/her pay for that day is P600.00 (i.e., P400 + 50% premium pay). However, if there is a collective bargaining agreement between Jollibee and its employees or if Jollibee provides a premium pay higher than that set by the Labor Code, then Jollibee must pay the higher rate. Keep in mind that that the Labor Code provides the minimum standards only (but no maximum). Employers cannot give workers less than what the Labor Code sets, but they can give more than the minimum standards.