ATRRESES
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Republic of the Philippines  QSCEIVED 2°
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3634

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

EXPLANATORY NOTE

The COVID-19 Pandemic made the practice of work-from-home popular and it
also changed the dynamics of employment. Employees and workers were able to save
money that they usually spent for expenses in going to work. On the other hand,
employers likewise were able to save money on overhead expenses like electricity and
office supplies because of the work-from-home practice.

However, the work-from-home practice also has negative effects. Though the
employee has more time at home, it did not equate to less work. The work-from-home
practice made the life of the employee more stressful as supervisors, managers, and
employers called and asked employees to work even at ungodly hours. The prevalence
of the work-from-home practice these days has blurred the line between hours of
work and rest hours.

As such, this representation finds it proper to file the proposed measure to
ensure that employees or workers who are under the work-from-home practice will
be ensured that their hours of work shall not exceed what is prescribed by law. The
proposed law herein wants to ensure that employees and workers will have ample
time for rest and quality time for themselves and their families.

The protection of employees and workers is a paramount concern for nation-
building. The State should endeavor to protect the welfare of the employees and
workers. Employees and workers should be ensured that their time for rest will be
protected and that if they will be required to work beyond their prescribed work hours,
they should be paid compensated properly.

For the Filipino people, the passage of the measure herein is earnestly being
prayed.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. 3634

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

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 the House of Representatives of the Philippines in
Congress assembled:

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

Section 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.

Section 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”.

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

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


Section 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.

Section 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:

a. Requiring the employee to work;

b. 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

c. 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.

Section 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.

Tf any of the acts enumerated in Section 6 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
(P100,000.00).

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


Section 8. Separability Clause. — If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

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

Section 10. Effectivity Clause. — This Act shall take effect fifteen (15) days
from its publication in the Official Gazette or in a newspaper of general circulation.

Approved,