FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
HI 
,IUt 21 P 11 :30 
SEN.t~7 
S.No. ___ _ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, in Article 11, Section 18, provides that: 
The State affirms labor as a primary social economic force. It shall 
protect the rights of workers and promote their welfare. 
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This bill aims to provide room for parties, i.e., employers and employees, to formulate 
agreements. For instance, the newly proposed paragraph in the normal hours of work of 
Article 87 retains the normal working hours but encourages negotiation on working-time 
flexibility. 
This bill does not, however, sacrifice Labor Standards regulated by the 
Department of Labor and Employment. 
This bill also proposes modification to existing normal hours of work, including 
shortened meal breaks and overtime work. It incorporates provisions of treatises and 
executive agreements to which the country has acceded to or is a party to, in relation to 
liberalization and globalization of trade. It likewise considers certain provisions of existing 
and related laws, i.e. Republic Act No. 8972, otherwise known as the Solo Parents' Welfare 
Act of 2000. 1 
I This was originally filed during the 141h Congress I" Regular Session 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENff7S7 
S.No.~~~~ 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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PROVIDING FOR A FLEXIBLE WORKING SCHEDULE IN THE PRIVATE SECTOR, 
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THEREBY AMENDING ARTICLES 83,85 AND 87 OF PRESIDENTIAL DECREE NO. 442, 
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AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Article 83 of the Labor Code on hours of work is hereby further amended 
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by adding the following paragraph to read as follows: 
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"ART. 83. Normal hours of work. - The normal hours of work of any 
employee shall not exceed eight (8) hours a day. 
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Health personnel in cities and municipalities with a population of at least 
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one million (1,000,000) or in hospitals and clinics with a bed capacity of at least 
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13 one hundred (100) shall hold regular office hours for eight (8) hours a day, for 
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14 five (5) days a week, exclusive of time for meals, except where the exigencies 
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of 15 the service require that such personnel work for six (6) days or forty-eight 
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(48) 16 hours, in which case, they shall be entitled to an additional compensation 
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of at 17 least thirty percent (30%) oftheir regular wage for work on the sixth day. 
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For 18 purposes of this Article, "health personnel" shall include resident 
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physicians, 19 nurses, nutritionists, dietitians, pharmacists, social workers, 
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laboratory 20 technicians, paramedical technicians, psychologists, midwives, 
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attendants and all 21 other hospital or clinic personnel. 
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HOWEVER, 
THE 
WORKWEEK 
OF 
EMPLOYEES 
MAY 
20 
BESHORTENED OR OMPRESSED BY EXTENDING THEIR NORMAL 
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DAILY WORKING HOURS NOT EXCEEDING TEN (10) HOURS A DAY, 
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SUBJECT TO SUCH CONDITIONS AS MAY BE DETERMINED BY THE 
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SECRETARY OF LABOR AND EMPLOYMENT IN APPROPRIATE 
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REGULATIONS TO PROTECT THE INTEREST OF THE EMPLOYEES." 
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SECTION 2. Article 85 of the same Code is likewise amended by adding a second 
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paragraph to read as follows: 
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"ART. 85. Meal periods. - Subject to such regulations as the Secretary of 
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Labor may prescribe, it shall be the duty of every employer to give his employees 
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not less than sixty (60) minutes time-off for their regular meals. 
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IN CASE THE MEAL PERIOD IS LESS THAN SIXTY (60) MINUTES, 
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IT SHALL BE DEEMED PART OF THE WORKING HOURS IN A DAY." 
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SECTION 3. Article 87 of the same Code is likewise amended by inserting additional 
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phrase to read as follows: 
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"ART. 87. Overtime work. - Work may be performed beyond eight (8) 
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hours a day provided that the employee is paid for the overtime work, ao 
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additional compensation equivalent to his regular wage plus at least twenty-five 
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percent (25%) thereof. Work performed beyond eight hours on a holiday or rest 
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day shall be paid an additional compensation equivalent to the rate of the first 
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eight hours on a holiday or rest day plus at least thirty percent (30%) thereof. 
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IN CASE OF A VALID COMPRESSED WORKWEEK AS PROVDED 
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HEREIN, THE OVERTIME PAY SHALL BE PAID FOR WORK IN EXCESS 
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OF HIS ALLOWABLE WORK HOURS IN A DAY." 
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SECTION 4. Separability Clause. - If any provision or part hereof is held invalid or 
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unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
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valid and SUbsisting. 
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SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instmction, administrative order, mle or regulation contrary to, or inconsistent 
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with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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pUblication in at least two (2) newspapers of general circulation. 
Approved. 
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