TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
ilf ii - '
25 AUG-6 A9:12
SENATE
976
S. No.
RF.CEIVXD
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROVIDING FOR A WORKING TIME FLEXIBILIZATION IN THE PRIVATE 
SECTOR AND FOR OTHER PURPOSES, THEREBY AMENDING ARTICLE 83, 
85 AND 87 OF PRESIDENTIAL DECREE FOUR HUNDRED FORTY-TWO (PD 
442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE 
PHILIPPINES
EXPLANATORY NOTE
This bill proposes modification to existing normal hours of work, including 
shortened meal breaks, and overtime work. It incorporates provisions of treaties and 
executive agreements to which the country has acceded to or a party to, in relation 
to liberalization and globalization. It likewise considered certain provision of existing 
and related laws, such as Republic Act No. 8972 otherwise known as the "Solo 
Parents' Welfare Act of 2000". The following takes up the above-mentioned labor 
matters and discussion based on Labor Code and Convention reviews:
(l)The newly proposed paragraph in the normal hours of work of Article 87 can 
retain the normal working hours and shall encourage negotiation on working 
time flexibility. This shall provide room for parties to formulate agreements. 
This should not however sacrifice labor standards still regulated by the 
Department of Labor and Employment (DOLE).


The Compressed Work Week (CWW) has been considered and is acceptable 
and being adopted by establishments provided requisites are met and after 
evaluation and approval by the DOLE.
(2) A typical working time arrangement may be defined as any work schedule 
agreed upon by the employer and employees which deviates from the normal 
working hours, the meal period of sixty (60) minutes and the rest day of 
twenty-four (24) hours after six (6) consecutive work days.
Where irregular or atypical working arrangement has been agreed upon by 
the parties that would result in a daily schedule of more than eight (8) hours 
in a day, meal breaks may be more than once and such may be made in 
addition to mandatory rest periods.
In view of the foregoing, the proposed amendments and supplements are 
hereby recommended.
INGGOY EJERCITO ESTRADA


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 976
m-.«' of :l: ■
25 AUG-6 A9:12
Ri;CElV:OBV;
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
PROVIDING FOR A WORKING TIME FLEXIBILIZATION IN THE PRIVATE 
SECTOR AND FOR OTHER PURPOSES, THEREBY AMENDING ARTICLE 83, 
85 AND 87 OF PRESIDENTIAL DECREE FOUR HUNDRED FORTY-TWO (PD 
442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE 
PHILIPPINES
Be it enacted by the Senate and the House of the Representatives of the Philippines 
in Congress assembled:
1 
Section 1. Article 83 of the Presidential Decree No. 442, otherwise known as
2 
the Labor Code of the Philippines is hereby further amended by adding the following
3 
paragraph to read as follows:
4 
"Article 83. Normal hours of work. - x x x
5 
"x X X.
6 
"HOWEVER, 
THE WORKWEEK OF
7 
EMPLOYEES MAY BE SHORTENED OR
8 
COMPRESSED BY EXTENDING THEIR NORMAL
9 
DAILY WORKING HOURS NOT EXCEEDING TEN
10 
(10) HOURS A DAY, SUBJECT TO SUCH
11 
CONDITIONS AS MAY BE DETERMINED BY THE
12 
SECRETARY OF LABOR AND EMPLOYMENT IN
13 
APPROPRIATE REGULATIONS TO PROTECT THE
14 
INTEREST OF THE EMPLOYEES."
15 
Sec. 2. Article 85 of the same Code is likewise amended by adding a new
16 
paragraph to read as follows:
1


1 
"Article 85. Meal Periods. - x x x
2 
"IN CASE THE MEAL PERIOD IS LESS
3 
THAN SIXTY (60) MINUTES, IT SHALL BE
4 
DEEMED PART OF THE WORKING HOURS IN A
5 
DAY."
6 
Sec. 3. Article 87 of the same Code is likewise amended by inserting new
7 
paragraph to read as follows.
8 
"Article 87. Overtime Work. - x x x
9 
"IN CASE OF VALID COMPRESSED
10 
WORKWEEK AS PROVIDED HEREIN, THE
11 
OVERTIME PAY SHALL BE PAID FOR WORK IN
12 
EXCESS OF HIS ALLOWABLE WORK HOURS IN
13 
A DAY."
14 
Sec. 4. Separability Clause. - If any portion of this Act is declared
15 
unconstitutional, the same shall not affect the validity and effectivity of the other
16 
provisions not affected thereby.
17 
Sec. 5. Repealing Clause. - All laws, acts, decrees, executive orders, rules and
18 
regulations or other issuances or parts thereof, which are inconsistent with this Act,
19 
are hereby modified and repealed.
20 
Sec. 6. Effectivity Clause. - This Act shall take effect after fifteen (15) days
21 
following its publication in two (2) national newspapers of general circulation.
Approved,