THIRTEENTH CONGRESS OF 
1 
I!' 
Firsf Regular Session 
1 
THE REPUBLIC OF THE PHILIPPINES 
r . 
SENAIJE 
7 :; 
S.B. No. 
-. %.I 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
This bill proposes modification to ekisting (1) normal hours of work, 
including (2) shortened meal breaks, and (3) overtime work. It incorporates 
provisions of treatises and executive agreements to which the country has 
acceded to or a party to, in relation to liberalization and globalization. It likewise 
considered certain provisions of existing and related laws, i.e. R.A. 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: 
(1) The newly proposed paragrafih in the normal hours of work of Article 
87 can retain the normal working hours and shalI 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) Scheme 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 the mandatory rest periods. 
In view of the foregoing, the proposed amendments/ supplements are 
TRAD 
hereby recommended. 


THIRTEENTH CONGRESS OF 
First Regular Session 
THE REPUBLIC OF THE PHILIPPINES 
S E N A T,E, 
S.B. No. 19- '' 
Inboduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT' 
PROVIDING FOR A WORKING TIME FLEXIBILIZATION IN THE 
PRIVATE SECTOR AND FOR OTHER PURPOSES, THEREBY AMENDING 
ARTICLES 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 Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Article 83 of the Labor Code on hours of work is hereby 
further amended by adding the following paragraph to read as follows: 
! 
"Article 83. Normal hours of work. - The normal hours of work of any 
employee shall not exceed eight (8) hours a day. 
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 per cent (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. 
HOWEVER, 
THE 
WORKWEEK 
OF 
EMPLOYEES 
MAY 
BE 
SHORTENED OR COMPRESSED BY EXTENDING THEIR NORMAL DAILY 
WORKING HOURS NOT EXCEEDING TEN (10) HOURS A DAY, SUBJECT 
TO SUCH CONDITIONS AS MAY BE DETERMINED BY THE SECRETARY 
OF LABOR AND EMPLOYMENT IN APPROPRIATE REGULATIONS TO 
PROTECT THE INTEREST OF THE EMPLOYEES". 
SEC. 2. Article 85 of the same Code is likewise amended by adding a 
second paragraph to read as follows: 


“Article 85. Meal Periods. - Subject to such regulations as the Secretary of 
Labor and Employment may prescribe, it shall be the duty of every employer to 
give his employees not less than sixty (60) minutes time-off for their regular 
meals. 
IN CASE THE MEAL PERIOD IS LESS THAN SIXTY (60) MINUTES, IT 
SHALL BE DEEMED PART OF THE WORKING HOURS IN A DAY. 
SEC. 3. Article 87 of the same Code is likewise amended by inserting 
“Article 87. Overtime Work. -Work may be performed beyond eight hours 
a day BUT NOT TO EXCEED TEN (IO) HOURS A DAY OR FORTY EIGHT 
WORKWEEK. Provided that the employee is paid an additional compensation 
equivalent to his regular wage plus at least twenty-five per cent (25%) thereof. 
Work performed beyond eight (8) hours on a holiday or rest day plus at least 
thirty per cent (30%) thereof. 
additional phrase to read as follows: 
HOURS A WEEK FOR A REGULAR FOUR-DAY, FIVE-DAY OR SIX-DAY 
IN CASE OF VALID COMPRESSED WORKWEEK AS PROVIDED 
HEREIN, THE OVERTIME PAY SHALL BE PAID FOR WORK IN EXCESS OF 
HIS ALLOWABLE WORK HOURS IN A DAY.” 
SEC. 4. Separability Clause. - If any portion of this Act is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other 
provisions not affected thereby. 
SEC. 5. Repealing Clause. - All laws, acts, decrees, executive orders, 
rules and regulations or other issuances or parts thereof, which are inconsistent 
with this Act, are hereby modified and repealed. 
SEC. 6. Effectivity Clause - This Act shall take effect after fifteen (15) 
days following its publication in two (2) national newspapers of general 
circulation. 
Approved,