THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
-
.
 
S.B. No. 
E *$hQ 
c 
FIECEIVED BY: 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE. . 
The 1987 Constitution, in Article II, 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. 
By amending pertinent provisions of the Labor Code, this bill aims to encourage 
employers and their employees to .negotiate and formulate working arrangements regarding 
hours of work. This will allow them to address, among others, peculiarities of the job, energy- 
saving schemes, and personal circumstances of the.parties. This bill does not, however, sacrifice 
Labor Standards regulated by the Department of Labor and Employment. 
The amendments also address shortened meal breaks and overtime work in a compressed 
work week. 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. 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. 
I--* 
MIRIAMDE 
NSOR 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
Second Regular Session 
S.B. SENA2f92 
No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT PROVIDING FOR A FLEXIBLE WORKING SCHEDULE 
N THE PRIVATE SECTOR, THEREBY AMENDNG ARTICLES 83,85 AND 87 OF 
PRESIDENTIAL DECREE NO. 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. Short Title. - This Act shall be known as the “Flexible Working Schedule 
Act of 2005.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to protect the rights of 
workers and promote their welfare in connection with the affirmation that labor is a primary 
social economic force. 
1 
SECTION 3. Article 83 of the Labor Code on hours of work is hereby further amended 
by adding the following paragraph 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. 
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. 
HOWEVER, THE WORKWEEK OF EMPLOYEES MAY BE 
SHORTENED OR COMPRESSED BY EXTENDING THEE 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.” 
SECTION 4. Article 85 of the same Code is likewise amended by adding a second 
*
-
 
paragraph to read as follows: 
‘‘ART. 85. Meqlperiods. - Subject to such regulations as the Secretary of 
Labor 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.” 
SECTION 5. Article 87 of the same Code is likewise amended by inserting an additional 
sentence to read as follows: 
“ART. 87. Overtime work. - Work may be performed beyond eight (8) 
hours a day provided that the employee is paid for the overtime work, an 
additional compensation equivalent to his regular wage plus at least twenty-five 
percent (25%) thereof. Work performed beyond eight hours on a holiday or rest 
day shall be paid an additional compensation equivalent to the rate of the first 
eight hours on a holiday or rest day plus at least thirty percent (30%) thereof. 
IN CASE OF A VALID COMPRESSED WORKWEEK AS PROVIDED 
HEREIN, THE OVERTIME PAY SHALL BE PAID FOR WORK IN EXCESS 
OF HIS ALLOWABLE WORK HOURS IN A DAY.” 


? 
SECTION 6. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
 order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
.