Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Philippines Ls RECEIVED
SIXTEENTH CONGRESS LE yyre, LO AVG
First Regular Session \ TIME:
o, BY:
House sitno.__2473 NA

INTRODUCED BY REP. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

The Constitution, in Article 11, 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,

This bill aims to provide room for parties, i.e, employers and employees, to
formulate agreements. For instance, the newly proposed paragraph in the normal hours
of work of Article 87 retains the normal working hours but encourages negotiation on
working-time flexibility. This bill does not, however, sacrifice Labor Standards regulated
by the Department of Labor and Employment.

This bill also proposes modification to existing normal hours of work, including
shortened meal breaks and overtime work. 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 of trade. It likewise considers certain provisions of
| existing and related laws, ie. Republic Act No, 8972, otherwise known as the Solo

| Parents' Welfare Act of 2000.
Mot. To—

MARCELINO “MARCY” R. TEODORO
Representative
Ast District, City of Marikina



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

4
HOUSE BILL NO. 2473

INTRODUCED BY REP. MARCELINO “MARCY” R. TEODORO

AN ACT
PROVIDING FOR A FLEXIBLE WORKING SCHEDULE IN THE PRIVATE SECTOR,
THEREBY AMENDING ARTICLES 83, 85 AND 87 OF PRESIDENTIAL DECREE NO.
442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE

Be it enacted by the Senate and House of 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:

“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 THEIR 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.”

SEC. 2. Article 85 of the same Code is likewise amended by adding a second paragraph
to read as follows:

"ART. 85. Meal periods. - Subject to such regulations as the Secretary of Labor
may prescribe, it shall be the duty of every employer to give his empioyees 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."

SEC. 3. Article 87 of the same Code is likewise amended by inserting an additional
phrase 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 8 eight
hours on a holiday or rest day plus at least thirty percent (30%) thereof

IN CASE OF A VALID COMPRESSED WORKWEEK AS PROVDED HEREIN,
THE OVERTIME PAY SHALL BE PAID FOR WORK IN EXCESS OF HIS.
ALLOWABLE WORK HOURS IN A DAY.”

SEC. 4. Separability Clause. Should any provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality of the other provisions shall not be
affected thereby.

SEC. 5. Repealing Clause. — All laws, decrees, executive orders, rules and regulations,
and other issuances or parts thereof which are inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.

SEC. 6. Effectivity. — This Act shall take effect fifteen (15) days after its publication in at
least two (2) newspapers of general circulation

Approved,