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Republic of the Philippines 2 ZS
HOUSE OF REPRESENTATIVES iS RECEIVED 4
Quezon City E_ DATE September 29, 2022
* TIME 8:00am *
19 CONGRESS eS BY evi by
First Regular Session <5.

HOUSE BILL NO. _5273 Wo nek

Introduced by. REP. JUAN CARLOS “ARJO” ATAYDE

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 (PD NO.
442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES

The workplace is in a constant state of evolution. The development of modern
technology has allowed us to form communities from employees physically distant
from each other and work with colleagues from different time zones. Some jobs are
now capable of being performed in a compressed workweek setting, giving more days
in which, the employees can spend more time resting and spending time with their
families.

Compressed workweeks can also help our economy by promoting domestic
tourism and increase patronage in local businesses.

This bill seeks to recognize compressed workweek arrangements and amend
‘Article 83 of the Labor Code by making an exception to the normal eight hours of work
a day, when the exigency of business operations requires the adoption of a mutually
agreed upon voluntary work arrangement between the employer and the employee.

Under the proposal, a compressed workweek shall be permissible provided
that working hours shall not exceed ten hours a day with no reduction of existing
benefits. This shall encourage negotiation among the employer and employees on
working time flexibility and other related agreements subject to the labor standards still
being regulated by the Department of Labor and Employment.

This measure is filed in furtherance of the policy of the State to promote not
only higher levels of productivity but also the welfare of workers. It is perceived that a

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flexible work schedule will allow employees to achieve work-life balance which will
make them more energized, satisfied, fulfilled and productive.

With this representation’s belief that an alternative working arrangement or

flexible working schedule is a necessity and that every Filipino worker deserves to
have this statutory right, the Passage of this bill is earnestly sought.

REP. JUAN CARLOS HARJO” ATAYDE


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19" CONGRESS
First Regular Session

HOUSE BILL NO. _ 5273

Introduced by. REP. JUAN CARLOS “ARJO” ATAYDE

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 (PD NO.
442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE
PHILIPPINES.

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Article 83 of Presidential Decree No. 442, otherwise known as the
Labor Code of the Philippines is hereby further amended by adding the following
paragraph to read as follows:

“Article 83. Normal Hours of Work - xxx

1K

“HOWEVER, THE WORKWEEK OF EMPLOYEES MAY
BE SHORTENED OR COMPRESSED BY EXTENDING
THEIR NORMAL DAILY WORKING HOURS WHICH
SHALL IN NO CASE EXCEED TEN (10) HOURS A DAY,
BUT NOT MORE THAN 48 HOURS A WEEK, SUBJECT
TO SUCH CONDITIONS AS MAY BE DETERMINED BY
THE SECRETARY OF LABOR AND EMPLOYMENT IN


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REGULATIONS FOR THE PROTECTION OF THE
INTEREST OF THE EMPLOYEES.”

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

“Article 85. Meal Periods - xxx

“IN CASE THE MEAL PERIOD IS LESS THAN SIXTY (60)
MINUTES AND CONSENTED TO BY THE EMPLOYEE, 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 a new
Paragraph to read as follows:

“Article 87. Overtime Work. - xxx

“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. - Any portion or provision of this Act that is
declared unconstitutional shall not have the effect of nullifying other portions or
provisions hereof as long as such remaining portions can still subsist and be given
effect in their entirety.

SEC. 5. Repealing Clause. - All laws, ordinances, rules, regulations, other
issuances or parts thereof, which are inconsistent with this Act, are hereby repealed
or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect after fifteen (15) days following
its publication in the official Gazette or in a newspaper of general circulation

Approved,