THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
1 
REPUBLIC OF THE PHILIPPINES 
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S E N A T E  
1 ~ 0 V  -& 
S. B. No. __ 
2188 
Introduced by SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
The liberalization of international economic trftde has led to the advent of a 
global economy that is fast becoming one integrated unit. As a result of better 
communication and transportation facilities, business iopportunities abroad are now, 
within closer reach of local business entities. However, these opportunities may be 
lost if the local economy fails to adjust and cope $ith the new demands of the 
international market. 
Thus, it is imperative that Government creates a business environment that 
Undoubtedly, there is a needto amend certain provisions of our labor laws to 
spur productivity and employment, afford flexibility to investors, and assure our 
workers reasonable benefits and security. The econdmic conditions that prevailed 
during the time PD 442 (Labor Code of the Philippinks) was passed have drastically 
changed. Our labor laws must allow business to become more efficient, competitive, 
and flexible in responding to client needs, and at same: time protect the interest of the 
workforce by providing for an enhanced work-life balance. 
allows the local economy to be more competitive in thk global market. 
This bill, therefore, intends to strike a balance between the two competing 
interests. It will provide the necessary amendments to the Labor Code that will 
enable the local economy to be move competitive internationally while safeguarding 
the interests of the Filipino workers, to wit: 
1. Allowing compressed workweek/flextime arraagements; 
2. Revising the doctrine against the eliminationYdiminution of benefits under 
certain conditions; 
3. Restructuring the visitorial and enforcement power of the Labor Secretary to 
allow for self-regulation; and 
4. Excepting from the night work prohibition bn women such industries or 
establishments operating on a continuous 24-hour schedule. 
In view of the fpregoing, approval of this bill is 'earnestly sought. 
Senator 


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THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
1 
6 JAN 16 All :A2 
REPUBLIC OF THE PHlLIPPINES 
) 
S E N A T E  I 
RECEIVEP By: ,& 
S.B.No.- 21881 
# ,  
Introduced by SENATOR EDGARDb J. ANGARA 
AN ACT AMENDING ARTICLES 83,’87, 100,128, AND 131 
OF PRESIDENTIAL DECREE 442, 
OR THE LABOR CODE OF TI& P ” E S  
Be it enacted by the Senate and the House of Repvesentatives in Congress duly 
assembled: 
SEC. 1. Article 83, paragraph 1, ofPD 442, asiamended, is hereby amended 
to read as follows: 
“ART. 83. NOWAL HOURS OF WORK. - The normal hours of work 
of any employee shall not exceed eight (8) hours a day [.I , EXCEPT WHEN 
THE BUSINESS REQUIREMENTS OF THE EMPLOYER REQUIRE 
ARRANGEMENT; PROVLDED, THAT TH3! EMPLOYEE SHALL NOT 
PROl?!DED FVRTRERJ THAT THE NUMBhR OF REGULAR HOURS 
HOURS. 
THE 
ADOPTION 
OF 
A 
COMPRESSED 
WORKWEEK 
BE SUFFERED TO WORK BEYOND T ~ L V E  
(12) HOURS A DAY; 
OF WORK IN A WEEK SHALL NOT EXCEED FORTY-EIGHT (48) 
xxx ” 
SEC. 2. Article 87 of PD 442 is likewise hereby amended to read as follows: 
“ART. 87. OVERTIME WORiC - Wofk may be performed beyond 
[eight (8) hours a day] THE NUMBER OF HOURS A DAY ALLOWED 
BY LAW provided that the employee is pabd for the overtime work an 
additional compensation equivalent to his reg4lar wage plus at least twenty- 
five percent (25%) thereof. Work performed teyond [eight (8) hours] THE 
NUMBER OF HOURS A DAY ALLOWED PY LAW on a holiday or rest 
day shall be paid an additional 
equivalent to [the rate of the 
first eight hours on a holiday 
at least thirty percent (30%) 
thereof] 130% OF THE 
H NUMBER OF HOURS 
ALLOWED BY LAW.” 
SEC. 3. Article 100 of FD 442, as amended, hs hereby amended to read a8 
follows: 
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“ART. 
100. 
PROHIBITION 
AGAmST 
ELIMINATION 
OR 
DIMDJUTION OF BENEFITS. - Nothing in thik Book shall be construed to 
eliminate or in any way diminish supplements; or other employee benefits, 
being enjoyed at the time of promulgation of this.Code: PROTWED, THAT 
SUPPLEMENTS OR OTHER BENEFITS TFREAFTER GIVEN MAY 
NOT BE ELIMINATED OR DIMINISHEq AFTER HAVING BEEN 
CONTINUOUSLY GRANTED FOR AT L AST FOUR (4) YEARS; 
PROVIDED FVRTIIER, THAT SUPPLEME, 
it TS OR BENEFITS MAY 
BE SUBSTITUTED FOR OTHER SUPPLEmNTS OR BENEFITS OF 
EQUIVALENT VALUE; PROKDED FmALl/X, THAT SUPPLEMENTS 
OR BENEFITS lMAY BE ELIMINATED IF THESE RESULTED FROM 
AN ERRONEOUS INTERPRETATION OF A DIFFICULT QUESTION 
OF LAW, WITHIN A PERIOD OF ,ON$ (1) YEAR FROM ,THE 
DISCOVERY OF THE ERROR.” 
. 
SEC. 4. Art 128 (0) of PD 442, as amended, is hereby amended to read as 
follows: 
“ART. 128. VISITORIAL AND ENFORCEMENTPO WER 
x x x  
(f) The Secretary of Labor may by appropriate regulatlons, require 
employers to keep and maintam such employment records as may be 
necessary in aid of his visitorial and enforcement powers under this Code. 
VIOLATION OF LABOR STANDARDS LAWS OVER A PERIOD OF 
TEN (10) YEARS, THE SECRETARY MAY, PURSUANT TO SUCH 
REGULATIONS, EXEMPT SAID EMPLOYER FROM INSPECTION 
FOR THE SUCCEEDING YEm PROvlDE , THAT THE EMPLOYER 
SUBMITS REPORTS, AS MAY BE REQU & 
D BY THE SECRETARY 
OF LABOR, TO VERIFY COMPLIANCE WITH LABOR AND 
SOCIAL LEGISLATION. 
WHERE AN EMPLOYER HAS NOT B’EEN 
CITED FOR ANY 
SEC. 5. Art. 131 of PD 442, as amended is ;hereby amended, to read as 
follows: 
“ART. 131. EXCEPTIONS. - The piohibitions prescribed by the 
preceding Article shall not apply in any of the following cases: 
(a) In cases of actual or impending emergencies caused by serious 
accident, fire, flood, typhoon, earthquake, epidemic or other disasters or 
calamity, to prevent loss of life or property, oir in cases of force majeure or 
imminent danger to public safety; 
(6) In case of urgent work to be perform&d on machineries, equipment 
or installation, to avoid serious loss which tfie employer would otherwise 
suffer; 
(c) Where the work is necessary to prevent serious lass of perishable 
goods; 
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(d) Where the woman employee holds a responsible position of 
managerial or technical nature, or where the woman employee has been 
engaged to provide health and welfare service; 
(e) Where the nature of the work reduires the manual skill and 
dexterity of women workers and the same cannot be performed with equal 
efficiency by male workers; 
(g) WHERE THE ESTABLISHMENT IS OPERATING ON A 24- 
HOUR SCHEDULE; 
(h) [Under] Other analogous cases exemdted by the Secretary of Labor 
in appropriate regulations.” 
SEC. 6. Separability Clause. If any part or pro&ion of this Act shall be held 
unconstitutional or invalid, other provisions thereof b a t  are not affected thereby 
shall remain in full force and effect. 
SEC. 7. Repealing Clause. All laws, presidentihl decrees, executive orders, 
presidential proclamations, rules and regulations or p+rts thereof inconsistent with 
the provisions of this Act are hereby repealed, amended, or modified accordingly. 
SEC. 8. Effectivity Clause. This Act shall take effect fifteen (15) days after its 
complete publication in the Official Gazette or in at,least two (2) newspapers of 
general circulation, whichever comes first. 
Adopted, 
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