Book III TITLE I Flashcards
Who are covered in the working conditions rest - and period?
All employees in all establishments whether for profit or not. (Art 82)
Who are excluded from the coverage of article 82?
1) government employees
2) managerial employees
3) field personnel
4) members of the family of the employee who are dependent on him for support
5) domestic helpers
6) persons in the personal service of another
7) workers who are paid by results as determined by the Secretary of Labor (Art 82)
who are managerial employees?
refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff (Art 82)
who are field personnel
refer to non-agricultural employees who regularly perform their duties away from he principal place of business or branch office of the employer and whose actual hours cannot be determined with reasonable certainty (Art 82)
What are normal hours of work?
the normal hours of work of an employee shall not exceed 8 hours a day (Art 83)
What consists hours worked?
hours worked shall include:
- all time during which an employee is required to be on duty or to be at a prescribed workplace
- all time during which an employee is suffered or permitted to work.
(Art 83)
What is the duration of a meal period?
it shall be the duty of every employer to give his employees not less than sixty (60) minutes of time-off for their regular meals (Art 85)
What is the rule on night-shift differential?
Every employee shall be paid a night shift differential of not less than 10% of his regular wage for each hour of work performed between 10 o’clock in the evening to six o’clock in the morning. (Art 86)
How should overtime work be paid?
an additional compensation equivalent to the regular wage plus at least 25% thereof shall be paid for work performed beyond eight (8) hours a day
work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty (30%) percent thereof. (Art 87)
May an undertime be offset by overtime?
No, undertime work on any particular day shall not be offset by overtime work on any other day. (Art 88)
May an employee be compelled to render overtime work?
Yes. Any employee may be required by the employer to perform overtime work in any of the following cases:
- When the country is at war or when any other national or local emergency has been declared by the National Assembly of Chief Executive
- When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an act of actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
- when there is urgent work to be performed on machines, installations or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature
- when the work is necessary to prevent loss or damage to perishable goods; and
- where the completion of continuation of the work started before the eight hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.(Art 89)
What is the duration of the 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 consecutive normal work days. (Art 91)
When may an employer be required to work on a rest day?
What is the compensation for rest day
