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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Third Regular Session

House Bill No. 10717

Introduced by Honorable Joaquin M. Chipeco, Jr.

EXPLANATORY NOTE

Even prior to the onslaught of the COVID-19 pandemic against world
communities, there has been a movement in some national jurisdictions, particularly
European, to recover, maintain and promote a healthy work-life balance for the working
man. The advent of instant messaging and many other means of speedy communications
has gradually eroded the personal space of the individual employee. The ascendancy of
the digital technology, triggered to a great extent by the pandemic, has practically
blurred the delicate line between the home and the workplace so much so that many
employees have been reduced to an “on call” status at practically any time of the day.

Studies therefore have shown that under the “new normal”, many workers,
particularly those who are on a work-from-home arrangement basis end up rendering
work beyond the maximum hours of work provided under the law. This emerging trend
does not augur well for mental health of the employees, not to mention family solidarity.

While acknowledging certain exceptions based on the nature of work and tasks
deemed emergency or as urgent, this bill secks to uphold the letter and the spirit of our
labor laws which is to respect mandated rest hours for our workers and prohibit the
various forms of abuses in that connection.

This is a counterpart measure to Senator Francis Tolentino’s Senate Bill No.
2475 or the Workers’ Rest Law.

On the basis of the foregoing reasons, the immediate passage of this bill is
earnestly sought.

)AQUIN M. CHIPECO, JR.
tative
Lone District, Calamba City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Third Regular Session

House Bill No. 10717

Introduced by Honorable Joaquin M. Chipeco, Jr.

AN ACT
PROMOTING THE WELFARE OF EMPLOYEES BY DEFINING REST
HOURS, PROVIDING PENALTIES FOR ANY VIOLATION THEREOF, AND
FOR OTHER PURPOSES

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

SECTION 1. Short Title. — This Act shall be known as the “Workers’ Rest Law.”

SEC. 2. Declaration of Policy. — It is the policy of the State to protect and
promote the health of the people and instill health consciousness among them. The State
shall protect the rights of workers to privacy and personal time, and promote their
welfare.

SEC. 3. Coverage. — The provisions of this Act shall apply to employees in all
establishments and undertakings whether for profit or not, but not to field personnel,
domestic helpers, persons in the personal service of another, and workers who are paid
by results.

“Field personnel” shall refer to non-agricultural employees who regularly perform
their duties away from the principal place of business or branch office of the employer
and whose actual hours of work in the field cannot be determined with reasonable
certainty. The term shall not include employees who are on a work-from-home
arrangement and telecommuting employees as defined by Republic Act No. 11165, or
the “Telecommuting Act”.


SEC. 4. Hours of Work. — The normal hours of work of an employee shall not
exceed eight (8) hours a day, unless otherwise provided under Presidential Decree No.
No. 442, as amended, or the “Labor Code of the Philippines”.

The hours of work of employees under a compressed workweek arrangement shall
not exceed twelve (12) hours a day.

SEC. 5. Rest Hours. — Any period other than the hours of work shall be
considered as rest hours of an employee.

An employee may not be compelled to render overtime work unless otherwise
allowed by Section 89 of the Labor Code of the Philippines or unless the employee
freely gives their written consent to render overtime work.

Any waiver of the right to rest hours or any advance consent to perform overtime
work as a condition in the hiring or employment, re-employment, or continued
employment shall be void, and the employee shall be entitled to the payment of penalty
provided in paragraph 1, Section 6 of this Act for the hours worked.

SEC. 6. Prohibitions During Rest Hours. — During rest hours, and unless the
employee gives their consent as required by this Act, the employer, manager, supervisor,
or any of their agents, is prohibited from:

1. Requiring the employee to work;

2. Requiring the employee to be on duty, to travel, or be at a prescribed place for
work or work-related activities, such as attending seminars, meetings, team-
building and other similar activities; or

3. Contacting the employee for work and work-related purposes through phone,

e-mail, message, and other means of communication, unless it is for the purpose
of notifying the employee of the necessity of rendering emergency or

urgent work as provided under Article 89 and Article 92 of the Labor Code

of the Philippines.

Employees may not be penalized by the employer for not opening or answering
communications received during rest hours.

SEC. 7. Penalties. — Any person violating the provisions of this Act shall pay the
employee One Thousand Pesos (P1,000.00) per hour of work rendered in violation of
this Act, or a fraction thereof. For purposes of this paragraph, substantial evidence is
sufficient to prove the violation and number of hours worked.

If any of the acts enumerated in Section 5 of this Act is attended with violence,
threats, or intimidation, the offender shall be punished for Grave Coercion under Article
286 of Act No. 3815, or the “Revised Penal Code,” with the penalty next higher in
degree imposed.


If, as a result of asserting their rights under this Act, the employee is limited,
segregated, or classified in any way that would discriminate, deprive, or diminish their
employment opportunities, or otherwise adversely affect said employee, the offender
shall be penalized with imprisonment of not less than one (1) month nor more than six
(6) months, and a fine of not less than One Hundred Thousand Pesos (P 100,000.00).

If the offense is committed by a corporation, trust, firm, partnership, association,
or any other juridical entity, the penalty shall be imposed upon the guilty officer or
officers of such corporation, trust, firm, partnership, association, or entity.

SEC. 8. Separability Clause. — If any part hereof is held invalid or
unconstitutional, the remainder of this Act not so affected shall remain valid and
subsisting.

SEC. 9. Repealing Clause. — Any law, presidential decree, or issuance, executive
order, letter of instruction, administrative order, rule, or regulation contrary to or
inconsistent with this Act is hereby repealed, modified, or amended accordingly.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days following

completion of its publication in the Official Gazzette or in at least two (2) newspapers of
general circulation.

Approved,