Republic of the Philippines

RECEIVED
HOUSE OF REPRESENTATIVES owe aie 0 2019

Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No._ 1894

Introduced by Honorable Mark O. Go

EXPLANATORY NOTE

This bill seeks to amend Articles 83, 87 and 91 of Presidential Decree No. 442 providing
for a compressed work week scheme that would benefit both the employees and employers in
response to the rapidly changing technological and economic landscapes.

The concept of compressed work arrangement refers to alternative arrangements or
schedules other than the traditional or standard work hours and work week. Through this
method, the normal work week is reduced to less than six days but the total number of normal
work hours per week shall remain at 48 hours. This concept can be adjusted accordingly in
cases where the normal work week of the company is five days.

Currently, the Department of Labor and Employment (DOLE) through its department
orders has allowed some companies to go on a compressed workweek scheme. These
arrangements give employers and employees flexibility in fixing hours of work compatible with
business requirements and the employees’ need for a balanced work-life.

This proposed measure seeks to institutionalize the compressed work week scheme as it
proves to promote competitiveness, efficiency and productivity both in the labor and industry.
It is likewise important to emphasize that with the implementation of these voluntary work
arrangement, there would be no diminution of benefits received by the employees.

In view of the foregoing, the approval of this bill is eamestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 1904

Introduced by Honorable Mark O. Go

AN ACT INCREASING THE NORMAL WORK HOURS PER DAY UNDER A.
COMPRESSED WORK WEEK SCHEME, AMENDING ARTICLES 83, 87 AND 91 OF
PRESIDENTIAL DECREE NO. 442, OTHERWISE KNOWN AS THE LABOR CODE OF
THE PHILIPPINES, AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Article 83 of the Labor Code, as amended, is hereby amended to read as follows:

“ART. 83. Normal hours of work. — The normal hours of work of any employee
shall not exceed eight (8) hours a day [.] EXCEPT IN CASES WHERE THE
ENTERPRISE ADOPTS A COMPRESSED WORK WEEK SCHEME, BUT SHALL
NOT EXCEED FORTY-EIGHT (48) HOURSA WEEK. THIS IS WITHOUT
PREJUDICE TO FIRMS WHOSE NORMAL WORK WEEK IS FIVE (5) DAYS,
OR A TOTAL OF FORTY (40) HOURS BASED ON THE NORMAL WORK DAY
OF EIGHT (8) HOURS. EMPLOYEES SHALL BE PERMITTED TO
COMPLETE THEIR WORKING HOURS ON A COMPRESSED WORK WEEK
SCHEME WHEREBY THE NORMAL WORK WEEK IS REDUCED TO LESS
THAN SIX (6) DAYS BUT THE TOTAL NUMBER OF NORMALWORK HOURS
PER WEEK SHALL REMAIN AT FORTY-EIGHT (48) HOURS.

“Health personnel in cities and municipalities with a population of at least one
million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred
(100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week,
exclusive of time for meals, except where the exigencies of the service require that such
personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be
entitled to an additional compensation of at least thirty percent (30%) of their regular wage
for work on the sixth day. For purposes of this Article, “health personnel” shall include
resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists, midwives, attendants and all other
hospital or clinic personnel.”

SEC. 2. Article 87 of the Labor Code of the Philippines, as amended, is hereby amended to
read as follows:


“ART. 87.Overtime work. — Work may be performed beyond eight (8) hours a
day OR FORTY-EIGHT (48) HOURS A WEEK provided that the employee is paid for
the overtime work, an additional compensation equivalent to [his] THE regular wage plus
at least twenty-five percent (25%) thereof. Work performed beyond eight (8) hours OR
NUMBER OF HOURS UNDER A COMPRESSED WORK WEEK SCHEME on a
holiday or rest day shall be paid an additional compensation equivalent to the rate of the
first eight (8) hours OR NUMBER OF HOURS UNDER A COMPRESSED WORK
WEEK SCHEME on a holiday or rest day plus at least thirty percent (30%) thereof.”

SEC. 3. Article 91 of the Labor Code of the Philippines, as amended, is hereby amended to
read as follows:

“ART. 9L.Right to weekly rest day. —(a) It shall be the duty of every employer,
whether operating for profit or not, to provide each of [his] THE employees a rest period
of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal
work days. IN THE CASE OF A COMPRESSED WORK WEEK SCHEME, A REST
PERIOD OF NOT LESS THAN FORTY-EIGHT (48) HOURS BUT NOT MORE
THAN SEVENTY-TWO (72) HOURS, AS THE CASE MAY BE, SHALL BE
PROVIDED TO THE EMPLOYEES.

“(b) The employer shall determine and schedule the weekly rest day of [his] THE
employees subject to collective bargaining agreement and to such rules and regulations as
the Secretary of Labor 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.”

SEC. 4. Rules and Regulations. — The Secretary of Labor and Employment shall promulgate
the necessary implementing rules and regulations within ninety (90) days from the effectivity of this
Act.

SEC. 5. Separability Clause. — Should any provision of this Act be declared unconstitutional,
the remainder thereof not otherwise affected shall remain in full force and effect.

SEC. 6. Repealing Clause. All laws, presidential decrees, executive orders, proclamations or
administrative regulations that are inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 7. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,