SENATE 
S. Ng,' 
Introduced by Senator Miriam Defensor Santiago 
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, Le., 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, i.e. 
Republic Act No. 8972, otherwise known as the Solo Parents' Welfare Act of 2000.* 
' This bill was originally filed during the Thirteenth Congress, Second Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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Congress assembled: 
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 the House of Representatives ofthe Philippines in 
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Health personnel in cities and municipalities with a population of at least 
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one million (1,000,000) or in hospitals and clinics with a bed capacity of at least 
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one hundred (100) shall hold regular office hours for eight (8) hours a day, for 
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five (5) days a week, exclusive of time for meals, except where the exigencies of 
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the service require that such personnel work for six (6) days or forty-eight (48) 
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hours, in which case, they shall be entitled to an additional compensation of at 
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least thirty percent (30%) of their regular wage for work on the sixth day. For 
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purposes of this Article, “health personnel“ shall include resident physicians, 
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nurses, nutritionists, dietitians, pharmacists, social workers, 
laboratory 
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technicians, paramedical technicians, psychologists, midwives, attendants and all 
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other hospital or clinic personnel. 
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HOWEVER, THE WORKWEEK OF EMPLOYEES MAY BE 
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SHORTENED OR COMPRESSED BY EXTENDING THEIR NORMAL 
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DAILY WORKING HOURS NOT EXCEEDING TEN (10) HOURS A DAY, 
SECTION 1. Article 83 of the Labor Code on hours of work is hereby hrther 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. 
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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 amended by adding a second 
paragraph to read as follows: 
“ART. 85. Mealperiods. - Subject to such regulations as the Secretary of 
Labor may 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. 
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: 
“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 
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.” 
SECTION 4. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
valid and subsisting. 
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SECTION 5. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
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Approved. 
jps/8-8-05 
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