FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bili No. 822 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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EXPLANATORY NOTE 
This bill proposes modification to eXisting normal hours of work, including 
shortened meal breaks, and overtime work. It incorporates provisions of treaties 
and executive agreements to which the country has acceded to or a party to, in 
relation to liberalization and globalization. It likewise considered certain provision 
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 paragraph in the normal hours of work of 
Article 87 can retain the normal working hours and shall 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) has been considered and is 
acceptable and being adopted by establishments provided requisites are met and 
after evaluation and appro"al 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, thf3 meal period of sixty (60) minutes and the rest day of 
twenty four (24) hours aftm six (6) consecutive work days. 
Where irregular or atypical working arrangement has been agreed upon by 
the parties that would res.ult 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 
mandatory rest periods. 
In view of the foregoing, the proposed amendments and supplements are 
hereby recommended. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate BiPI No. 822 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR A WORKING TIME FLEXIBILIZATION IN THE PRIVATE 
SECTOR AND FOR OTHER PURPOSES, THEREBY AMENDING ARTICLE 83, 
85 AND 87 OF PRESIDENTIAL DECREE FOUR HUNDRED FORTY TWO (PO 
442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE 
PHILIPPINES 
Be it enacted by the Senate and the House of the 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 services require that such personnel work for 
six (6) days or forty-ei'dht (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 COIVi'PRESSED BY EXTENDING THEIR NORMAL 
DAILY WORKING HOUHS 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 ,:::;ode is likewise amended by adding Meal 
Periods. - Subject to such rerJulations ciS the Secretary of Labor and Employment 
prescribe, it shall be the duty of every employer to give his employees not less 
than sixty (60) minutes time-off for their I'egular meals. a second paragraph to read 
as follows: 


"Article 85. 
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 
additional phrase to read as follows. 
"Article 87. Overtime Work. - Work may be performed beyond eight 
(8) hours a day but not to exceed ten (10) hours a day or forty eight hours a 
week for a regular four-day, five-day or six-day workweek. Provided, That 
the employee is paid an additional compensation equivalent to his regular 
wage plus at least twenty-five percent (25%) thereof for work performed 
beyond eight (8) hours on a holiday or rest day plus at least thirty per cent 
(30%) thereof. 
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,