Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session

3849

House Bill No.

Introduced by

HON. LEOVIGILDO B. BANAAG (1* District, Agusan del Norte)

EXPLANATORY NOTE

This bill proposes modification to existing (1) normal hours of work, including
(2) shortened meal breaks, and (3) overtime work. It incorporates provisions of
treatises and executive agreements to which the country has acceded to or a party
to, in relation to liberalization and globalization. It likewise considered certain
provisions of existing and related laws, i.e. RA 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 the 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) Scheme has been considered and is
acceptable and being adopted by establishments provided requisites are met and
after evaluation and approval 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, the meal period of sixty (60) minutes and the rest day of twenty-four
(24) hours after six (6) consecutive work days.

Where irregular of atypical working arrangement has been around 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 the mandatory rest periods.

In view of the foregoing, the proposed amer its/ supplements are hereby

recommended, pow

-EOVIGILDO B. BANAAG


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session

House Bill No. 3849

Introduced by

HON. LEOVIGILDO B. BANAAG (1 District, Agusan del Norte)

AN ACT
PROVIDING FOR A WORKING TIME FLEXIBILIZATION IN THE PRIVATE
‘SECTOR AND FOR OTHER PURPOSES, THEREBY AMENDING ARTICLES 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 it enacted by the Senate and House of Representatives in Congress
assembled:

SECTION 1. Article 83 of the Labor Code on hours of work is hereby 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 service
require that such personne! work for six (6) days or forty-eight (48) hours, in which in
which case they shall be entitled to an additional compensation of at least thirty per
cent (30%) of their regular wage for work on the sixth day. For purposes of this
Article, “health personnel” shall include: resident physicians, nurses, nutritionists,
dieticians, 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”.

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


“Article 85. Meal Periods. — Subject to such regulations as the Secretary of
Labor and Employment may prescribe, shall be the duty of every employer to give his
employees 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.

SECTION 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 hours a
day BUT NOT TO EXCEED TEN (10) HOURS A DAY OR FORTY 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. 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.”

SECTION 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

SECTION 5. Repealing Clause. All other provisions, laws, decrees, executive
orders, rules and regulations, or parts thereof contrary to, or inconsistent with this Act
are hereby repealed or modified

SECTION 6. Effectivity Clause. This Act shall take effect upon its approval
and publication in at least two (2) national newspapers of general circulation.

Approved,