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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 JUI., -2 
;i,i! 
OF THE PHILIPPINES 
) 
First Regular Session 
1 
S E N A T E  
Senate Bill No. 
380 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
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, Le. 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 approval by the DOLE. 
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. 
(2) 
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 
mandatory rest periods. 
In view of the foregoing, the proposed amendments and supplements are 
hereby recommended. 
Senator 


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FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
1 
-7 
<iUL -2 
j\! ; 17 :j 
OF THE PHILIPPINES 
First Regular Session 
1 
S E N A T E  
f.~E(SElVED BY : 
Senate Bill No. 3 8 0 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR A WORKING TIME FLEXlBlLlZATlON IN THE PRIVATE 
SECTOR AND FOR OTHER PURPOSES, THEREBY AMENDING ARTICLE 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 if enacfed 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-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 THEIR 
NORMAL DAILY WORKING HOURS NOT EXCEEDING TEN 
( I O )  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 
Meal Periods. - Subject to such regulations as 
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 regular 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 (IO) 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,