FAIR DAYS WAGE FOR A FAIR DAYS

LABOR
A fair days wage for a fair days
labor continues to govern the
relation between labor and capital
and remains a basic factor in
determining employees wages.
PAL vs. NLRC
GR 55159 June 22, 1989
If there is no work performed by the
employee there can be no wage or
pay unless the laborer was able,
willing and ready to work but was
prevented by management or was
illegally locked out, suspended or
dismissed. Where the employees
dismissal was for a just cause, it
would neither be fair nor just to allow
the employee to recover something
he has not earned and could not
have earned.

Where the failure of workers to work

was not due to the employers fault,
the burden of economic loss suffered
by the employees should not be
shifted to the employer. Each party
must bear his own loss.

respondent school to justify the

distinction in the salary rates of
foreign- hires and local-hires to be an
invalid classification. There is no
reasonable distinction between the
services rendered by foreign- hires
and local-hires.
Employees in the Philippines, if
they are performing similar
functions
and
responsibilities
under similar working conditions,
should be paid under this
principle.
RIGHT TO A LIVING WAGE
State shall guarantee the
rights of all workers to selforganization,
collective
bargaining and negotiations,
and
peaceful
concerted
activities, including the right
to strike in accordance with
law. They shall be entitled to
security of tenure, humane
conditions of work, and a
living wage. They shall also
participate in policy and
decision-making
processes
affecting their rights and
benefits as may be provided
by law. Xxx

EQUAL PAY FOR EQUAL WORK

ISAE v. Quisumbing
G.R. No. 128845 June 1, 2000
This
doctrine/legal
truism
means that persons who work
with
substantially
equal
qualification,
skill,
effort
&
responsibility,
under
similar
conditions should be paid similar
salaries,
notwithstanding
its
international character.
If an employer accords employees
the same position and rank, the
presumption
is
that
these
employees perform equal work.
There is no evidence that foreignhires perform 25% more efficiently
or effectively than local-hires. Both
groups have similar functions and
responsibilities,
which
they
perform under similar conditions.
The dislocation factor and the
foreign-hires limited tenure also
cannot serve as valid bases for the
distinction in salary rates. The
dislocation factor and limited tenure
affecting
foreign-hires
are
adequately compensated by certain
benefits accorded to them which are
not enjoyed by the local-hires such
as housing, transportation, shipping
cost, taxes, and home leave travel
allowance.
We
find
classification

the
point-of-hire
employed
by

Which includes:
1.
All time during which an employee
is required to be on duty or to be at a
prescribed workplace.
2.
All the time during which an employee is
suffered or permitted to work.
3.
Rests periods of short duration during
working hours.
4.
Meal period of less than 20 minutes, since
it becomes only a rest period and thus
considered as working time.
5. The reasonable time to withdraw
their wages from the bank facility if
done working hours, if payment of
wages is through banks, ATM or by
check.
Attendance during Seminars:
Not compensable if:
1. Attendance is outside employees regular
working hours
2. Employee is not work productive
3. Attendance is voluntary

METHODS OF FIXING COMPENSATION

A. Time [daily and monthly paid workers]
B. Commission
C. Job or task basis
D. Piece-rate basis [payment by results]

IMPORTANCE OF METHODS OF FIXING

COMPENSATION
Not

determinative

of

employer-

employee relationship.
There are certain laws which exclude
certain employees from enjoying
certain benefits depending on the
methods of
fixing their compensation.
Ex. 13th mo. Pay which
excludes job or task basis and
purely
on
commission
employees, under Art 82,
workers paid by results are
exempted from overtime pay,
service incentive leave, etc.
(conditions of employment).
WAGE paid to employee shall
mean the remuneration or earnings,
however designated, capable of
being expressed in terms of money,
whether fixed or ascertained on a
time, task, piece, or commission
basis, or other method of calculating
the same, which is payable by an
employer to an employee under a
written or unwritten contract of
employment for work done or to be
done, or for services rendered or to
be rendered and includes the fair and
reasonable value, as determined by
the Secretary of Labor, of board,
lodging,
or
other
facilities
customarily
furnished
by
the
employer to the employee.
A. TIME SPENT
Once the agreed period of
work
is
completed,
the
compensation is earned and
becomes due regardless of
result. The standard forms of
compensation based on time
spent are salaries or wages
by the day, week, or monthly.

REMEDY FOR DOWNSIZING

Compressed workweek
Reduce working days
Temporary
suspension
of
operations of not more than 6
months (no work no pay)
MONTHLY-PAID EMPLOYEES

B. JOB OR TASK RATE

Without regard to time spent.

Labor
contributed
by
each
determinable and separable from
each other
The value of the labor input for
any particular stage is standard.

Daily-paid
Monthly-paid

DAILY-PAID EMPLOYEES

Those employees who are

paid on the days actually
worked except unworked
regular
holidays
when
they are paid their basic
wage if they are present
or a leave with pay on the
working day preceding the
regular holiday.
No work no pay
Advantage: Flexibility in
the reduction of work
force fro any given period
according
to
circumstances such as
slack in demand, nonavailability of materials,
etc.

A flat or fixed sum for each

particular
job
or
task
completed, without regard to
the number f hours actually
spent in the performance or
completion.

C. PIECE WORK, OR BY THE OUTPUT IN

TERMS OF WORK UNITS

2 CLASSIFICATIONS OF EMPLOYEES
BASED ON TIME SPENT
1.
2.

Paid everyday of the

month including unworked
rest days, special days
and regular holidays. It is
the
standard
compensation rate for
managerial
personnel,
professionals,
administrative employees
and other white collar
workers, including clerical
employees and higher
grade skilled workers.
ADVANTAGE:
relative
economy
in
recordkeeping, and higher
morale
of
employees
resulting from association
of this method with tenure
and permanency.

More advantageous from those paid

on time spent.

D. COMMISSION
ADVANTAGE: Encourage the worker
to be more productive.
Fixed percentage is effected on sales.
TAKE NOTE: Workers shall be paid the
minimum wage even if paid on job or piece
rate basis.
FIXING EMPLOYEES WAGE
a. wage increase
b. resolving wage distortion
HOURS WORKED

Art. 84. HOURS WORKED

Hours worked shall include (a) all time
during which an employee is required to
be on duty or to be at a prescribed
workplace, and (b) all time during which
an employee is suffered or permitted to
work.
Rest periods of short durations during
working hours shall be counted as hours
worked.
IMPLEMENTING RULES OF BOOK III:
Rule I
Sec. 5. Waiting time (a) Waiting time
spent by an employee shall be
considered as working time if waiting is
an integral part of his work or the
employee is required or engaged by the
employer to wait.
(b) An employee who is required
to remain on call in the employers
premises or so close thereto that he
cannot use the time effectively and
gainfully for his own purpose shall be
considered as working while on call. An
employee who is not required to leave
word at his home or with company
officials where he may be reached is not
working while on call.

REST PERIODS
Meal Period
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 employees
not less than sixty (60) minutes time-off
for their regular meals.
Under this article the meal period should
not be less than 60 minutes, in which case it
is time-off or non-compensable time.
The Implementing Rules of Book
III, Rule I, Sec 7, allows the meal
time to be less than 60 minutes,
under specified cases. But such
shortened meal time (say 30
minutes) should be with full pay,
and of course, the time when the
employee cannot eat, because
he is still working, should also be
paid.
The employer is required to give
his employees not less than 60
minutes or 1 hour for their
regular meals everyday. The LC
does not specify as to what
specific hour of the day the meal
period are to be given.
The 60-minute meal period is not

compensable because during this time, the

worker does not work.
To shorten meal time to less than
20 minutes is not allowed, if the
so called meal time is less than
20 minutes, it becomes only a
rest period, and under the same
section 7, is considered work
time.
Q: Is it possible to reduce the meal period to
less than 60 minutes? If so, under what
instances?
A: YES, under Section 7, Rule I, Book III.
Shortened Meal Period
IMPLEMENTING RULES OF BOOK III: Rule I
Sec. 7. Every employer shall give his
employees, regardless of sex, not less
that one (1) hour time-off for regular
meals, except in the following cases
when a meal period of not less than
twenty (20) minutes may be given by
the employer provided that such shorter
meal period is credited as compensable
hours worked of the employee:
(a) Where the work is non-manual work in
nature or does not involve strenuous
physical exertion;
(b) Where the establishment regularly
operates not less than sixteen hours a
day;
(c) In cases of actual or impending
emergencies or there is urgent
work to be performed on
machineries,
equipment
or
installation to avoid serious loss
which
the
employer
would
otherwise suffer; and
(d) Where the work is necessary to prevent
serious loss of perishable goods.
Coffee Break
IMPLEMENTING RULES OF BOOK III: Rule I
Sec. 7. Rest periods or coffee
breaks running from five (5) to
twenty (20) minutes shall be
considered as compensable working
time.
Short coffee breaks of 520
minutes are compensable. So if
the
employer
gives
the
employees break in the morning
and in the afternoon, this time is
considered compensable.
Note that the employer is not obliged by
law to give this coffee break.
The employer can lessen the 60minute meal period into 30
minutes.
And
this
is
compensable. Note that the
employer shall pay the Overtime
Pay whenever proper. Note that
meal periods can be reduced to
less than 60 minutes but not less
than 20 minutes, and it is
compensable. For example, if the
meal period is reduced to 59

minutes it is compensable.

WORKWEEK

The employer cannot prohibit

employees from leaving the
premises during the meal period
of employees. The law in fact
does not require that the 60
minutes to be spent in the
employers premises. There is no
labor code provision to this
effect.

COMPRESSED WORKWEEK SCHEMES

(DOLE Dept. Advisory No. 2, Series of
2004)

Shortened Meal Break upon Employees

Request (2004 BWC Manual on Labor
Standards)
However, the employees themselves
may request that their meal period be
shortened so that they can leave work
earlier than the previously established
schedule. In such a situation, the
shortened
meal
period
is
not
compensable.
For
instances,
the
established work hours are from 8:00 am
to 5:00 pm, with 12:00 noon to 1:00 pm
as meal period. So that the employees
could quit work at 4:30 pm, they may
request, and management may agree, to
shorten the meal time to thirty minutes
(12:00 12:30 pm). This 30-minute meal
time is not compensable. From 12:31 to
4:30 the employee resumes work and
should be paid the regular rate. Work
after 4:30 is overtime. Provided, that
these conditions concur:
(a) The employees voluntarily agree
in writing to a shortened meal
period of 30 minutes and are
willing to waive the overtime pay
for such shortened meal period;
(b) There will be no diminution
whatsoever in the salary and
other fringe benefits of the
employees existing before the
effectivity of the shortened meal
period;
(c) The work of the employees does
not involve strenuous physical
exertion and they are provided
with adequate coffee breaks in
the morning and afternoon;
(d) The value of the benefits derived
by the employees from the
proposed work arrangement is
equal to or commensurate with
the compensation due them for
the shortened meal period as
well as the overtime pay for 30
minutes as determined by the
employees concerned;
(e) The
overtime
pay
of
the
employees will become due and
demandable if ever they are
permitted or made to work
beyond 4:30 pm; and
(f) The effectivity of the proposed
working time arrangement shall
be of temporary duration as
determined by the Secretary of
Labor and Employment.

I.
PURPOSE AND COVERAGE
This Advisory is being issued to guide
employers and workers who may opt to adopt a
mutually acceptable compressed workweek
(CWW) scheme suitable to the requirements of
the firm.
This Advisory may be used in all
establishments except those in the (1)
Construction
industry;
(2)
health
services; (3) occupations requiring
heavy manual labor; or (4) occupations
or workplaces in which workers are
exposed to airborne contaminants,
human
carcinogens,
substances,
chemicals or noise that exceed threshold
limit values or tolerance levels for an
eight-hour workday as prescribed under
existing Occupational Safety and Health
Standards (OSHS).
II.
OBJECTIVE:
As a matter of policy, and taking into
account
the
emergence
of
new
technology
and
the
continuing
restructuring and modernization of the
work process, the Department of Labor
and Employment (DOLE) encourages
employers and workers to enter into
voluntary agreements adopting CWW
schemes based on the following
objectives:
1. To promote business competitiveness
and productivity, improve efficiency by
lower operating costs, and reduce workrelated expenses of employees;
2. To give employers and workers flexibility
in fixing hours of work compatible with
business
requirements
and
the
employees need for a balanced work
life; and
3. To ensure the safety and health of
employees at the workplace at all times.
For purposes of administering or
enforcing existing laws and rules on
work hours, overtime compensation and
other relevant labor standards, DOLE
shall recognize only those CWW
schemes that have been entered into
consistent with this Advisory.
III. CONCEPT AND DEFINITION
The Labor Code provides that the normal
work hours per day shall be eight hours.
Work may be performed beyond eight
hours a day provided the employee is
paid for the overtime work. On the other
hand, the normal number of workdays
per week shall be six days, or a total of
forty-eight (48) hours based on the
normal workday of eight hours. This is
without prejudice to firms whose normal
workweek is five days, or a total of forty
(40) hours based on the normal workday
of eight hours.
For purposes of this Advisory, a CWW
scheme
is
an
alternative

arrangement whereby the normal

workweek is reduced to less than
six days but the total number of
normal work hours per week shall
remain at 48 hours. The normal
workday is increased to more than
eight hours without corresponding
overtime premium. This concept can
be adjusted accordingly in cases where
the normal workweek of the firm is five
days.
IV. SPECIFIC GUIDELINES
Conditions. DOLE shall recognize CWW
schemes adopted in accordance with the
following:
1. The CWW scheme is undertaken
as a result of an express and
voluntary agreement of majority
of the covered employees or their
duly authorized representatives.
This
agreement
may
be
expressed
through
collective
bargaining or other legitimate
workplace
mechanisms
of
participation such as labormanagement
councils,
employee assemblies
or
referenda.
2. In
firms
using
substances,
chemicals and processes or
operating under conditions where
there are airborne contaminants,
human carcinogens or noise
prolonged exposure to which may
pose hazards to the employees
health and safety, there must be
a certification from an accredited
health and safety organization or
practitioner or from the firms
safety committee that work
beyond
eight
hours
is
within
threshold
limits
or
tolerable
levels
of
exposure,
as
set
in
the
OSHS.
3. The employer shall notify DOLE,
through the Regional Office
having jurisdiction over the
workplace, of the adoption of the
CWW scheme. The notice shall be
in DOLE CWW Report Form
attached to this Advisory.
Effects. A CWW scheme which complies with
the foregoing conditions shall have the following
effects:
1. Unless there is a more favorable
practice existing in the firm, work
beyond eight hours will not be
compensable
by
overtime
premium provided the total
number of hours worked per day
shall not exceed twelve (12)
hours.
In
any
case,
any
work performed beyond 12
hours a day or 48 hours a
week
shall
be
subject
to
overtime premium.

2. Consistent with Articles 85 of the

Labor Code, employees under a
CWW scheme are entitled to
meal periods of not less than
sixty (60) minutes. Nothing
herein shall impair the right of
employees to rest days as
well as to holiday pay, rest
day
pays
or
leaves
in
accordance
with
law
or
applicable collective bargaining
agreement
or
company
practice.
3. Adoption of the CWW scheme
shall in no case result in
diminution of existing benefits.
Reversion to the normal eighthour workday shall not constitute
a diminution of benefits. The
reversion shall be considered a
legitimate
exercise
of
management
prerogative,
provided that the employer shall
give the employees prior notice
of such reversion within a
reasonable period of time.

OVERTIME WORK
GENERAL RULE:
Labor Code
Article 87. Overtime Work. Work
may be performed beyond eight (8)
hours a day provided that the EE is paid
for the overtime work an additional
compensation equivalent to his regular
wage plus at least 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 30%
thereof.
Implementing Rules of Book III, Rule I
SECTION 8. Overtime pay. Any
employee covered by this Rule who is
permitted or required to work beyond
eight (8) hours on ordinary working days
shall be paid an additional compensation
for the overtime work in the amount
equivalent to his regular wage plus at
least twenty-five percent (25%) thereof.
SECTION 9. Premium and overtime pay for
holiday and rest day work.
(a) Except employees referred to
under Section 2 of this Rule, an
employee who is permitted or
suffered to work on special
holidays or on his designated rest
days not falling on regular
holidays, shall be paid with an
additional
compensation
as
premium pay of not less than

thirty percent (30%) of his

regular wage. For work performed
in excess of eight (8) hours on
special holidays and rest days not
falling on regular holidays, an
employee shall be paid an
additional compensation for the
overtime work equivalent to his
rate for the first eight hours on a
special holiday or rest day plus at
least thirty percent (30%) thereof.
(b) Employees
of
public
utility
enterprises as well as those
employed
in
non-profit
institutions and organizations
shall be entitled to the premium
and overtime pay provided
herein,
unless
they
are
specifically excluded from the
coverage of this Rule as provided
in Section 2 hereof.
(c) The payment of additional compensation
for work performed on regular holidays
shall be governed by Rule IV, Book
Three, of these Rules.

DEFINITION
Overtime compensation is additional
pay for service or work rendered or
performed in excess of 8 hours a day by
employees or laborers in employment
covered by eight hour labor law (now Art
87)
and
not
exempt
from
its
requirements. It is computed by
multiplying the overtime hourly rate by
the number of hours worked in excess of
eight.

it is sufficient that the employee is

permitted or suffered to work.
Neither is an express approval by superior a
prerequisite
to
make
overtime
work
compensable. If the work performed was
necessary or that it benefited the company or
that the employee could not abandon his work
at the end of this eight hour work because there
was no substitute ready to take his place
and he performed overtime services upon
the order of his immediate
superior;
notwithstanding the fact that there was
a standing circular to the effect that
before overtime work may be performed
with
pay,
the
approval
of
the
corresponding department head should
be secured, such overtime services are
compensable in spite of the fact that
said overtime services were rendered
without the prior approval of the
department head

EXCEPTIONS:
Article 89. Emergency Overtime Work.
Any employee may be required by the employer
to perform overtime work in any of the following
cases:
(a) When the country is at war or when
any other national or local emergency
has been declared by Congress or the
Chief Executive;
(b) When it is necessary to prevent loss of
life or property or in case of imminent
danger to public safety due to an actual
or impending emergency in the locality
caused by serious accidents, fire, flood,
typhoon, earthquake, epidemic or other
disaster or calamity;

RATIONALE
Verily, there can be no other reason
than that he is made to work longer than
what is commensurate with his agreed
compensation for the statutorily fixed or
voluntarily agreed hours of labor he is
supposed to do. When he does spend
additional time to his work, the effect
upon him is multi-faceted, he puts in
more effort, physical and/or mental; he
is delayed in going home to his family to
enjoy the comforts thereof; he might
have no time for relaxation, amusement
or sports; he might miss important
prearranged engagements, etc.
It is thus the additional work, labor or
service employed and the adverse
effects just mentioned of his longer stay
in his place or work that justify and are
the
real
reasons
for
the
extra
compensation that is called overtime
pay.

An express instruction from the

employer to the employee to render
overtime work is not required for the
employee to be entitled to overtime pay;

(c) When there is urgent work to be

performed on machines, installation or
equipment, in order to avoid serious loss
or damage to the employer or some
other cause of similar nature;
(d) When the work is necessary to prevent
loss or damage to perishable goods;
(e) Where the completion or continuation
of the work started before the 8th hour
is
necessary
to
prevent
serious
obstruction or prejudice to the business
or operations of the employer.
Any employee required to render overtime work
under this Article shall be paid additional
compensation required in this Chapter.
COMPULSORY OVERTIME WORK
Article 89 enunciates the situations where
the employer can legally compel his
workers to render overtime work. The
employer should pay his workers who
render overtime work the appropriate
additional overtime compensation for
such work.
Aside from the instances

mentioned in Art 89, the IRR

authorizes compulsory overtime
work when it is necessary to
avail
of favorable weather or
environmental conditions where
performance or quality or work is
dependent thereon (Sec 10, Rule
I, Book III).

employment arrangement even if they

are termed as part-time work as they
are in particular irregular, temporary or
intermittent employment, or cases
where hours of work have been
temporarily reduced for economic,
technical or structural reasons. [2]

In cases not falling within any of

the
enumerated
cases
or
instances, no employee may be
made to work beyond 8 hours a
day against his will (Sec 10, Rule
I, Book III).

Part-time employment
creates various problems or
concerns for labor law. The
following are just some of
them:

NIGHT SHIFT DIFFERENTIAL

Article 86. Night shift differential.
Every employee shall be paid a night
shift differential of not less than ten
percent (10%) of his regular wage for
each hour of work performed between
ten oclock in the evening and six
oclock in the morning.
Every employee shall be paid a night shift
differential of not less than ten percent of
his regular wage for each hour of work
performed between ten o'clock in the
evening and six o'clock in the morning (10
pm 6am).
Rationale
Night work cannot be regarded as
desirable, either from the point of view
of the ER or the wage earner. It is
uneconomical unless overhead costs are
unusually heavy. Frequently the scale of
wages is higher an inducement to
employment on the night shift, and the
rate of production is generally lower
(Shell Co. vs. NLU)
Night shift differential NOT WAIVABLE
The waiver rule is not applicable in
night shift differential. The additional
compensation for nighttime work is
founded on public policy, hence the
same cannot be waived (Artcle 6, NCC.)
(Mercury Drug Co., Inc. vs. Nardo
Dayao)
Burden of Proof of Payment
Thus, the burden of proving that
payment of such benefit has been made
rests upon the party who will suffer if no
evidence at all is presented by either
party. (Seaborne Carriers Corp vs. NLRC)
Part-time work is a single, regular or
voluntary form of employment with
hours of work substantially shorter than
those considered as normal in the
establishment.[1]
However, this definition does not cover
and
excludes
certain
types
of

1. How should their wages and statutory

monetary benefits be computed?
2. Are they entitled
tenure?

to security

of

3. Should there probation be up to six

(6) months or twelve (12) months
considering they are not rendering 8
hours of work?
4. Are they entitled to retirement pay?
Consequently, the Department of Labor
and Employment (DOLE) issued an
explanatory bulletin addressing key
points.
In the DOLE takes note of the various
forms of part-time work depending on
the contractual agreement with the
employer and the employee, particularly
on the work hours and day or other
reference periods.
However, the DOLE noted that there are
two most common and acceptable
forms for part-time employment:
1. Four hour work per day and weekend
work; or
2. Two full days per week.
Thus, the DOLE-issued Explanatory
Bulletin on Part-Time Employment is
limited in its application and coverage to
the above-two situations. It is not
intended to cover other part-time work
arrangements, particularly of teachers
and of professionals whose service
performance and compensation are not
time-based.
On payment of wages and statutory
monetary benefits
As the Labor Code benefits are generally
based on the 8-hour workday schedule,
the employer may pay proportionately
decrease the daily wage and wagerelated benefits granted by law. This
presupposes that there is no contrary
stipulation in the employment contract,
company policy, CBA, requiring full
payment for 8 hours a day despite a
shorter work schedule.

The above rule applies the principle of

fairness and equity, as well as the
principle of a fair days wage for a fair
days labor.

months period to the extent that the

total number of hours work would be
equal to that of a full-time employee
under probation.

On security of tenure

The justification is anchored on the

intent of the law in allowing a
probationary
period
prior
to
regularization.[6] The employers main
reason for insisting the 6-month
probation is to test the employees
fitness for employment during that time.
Thus, the number of normal working
days and hours within the probationary
period should be observed. For this
reason, part-timers should become
regular in status, after working for the
total number of hours or days, which
completes a six-month probationary
period of a full-time worker in the same
establishment doing the same job under
normal circumstances.[7]

Part-time employees enjoy security of

tenure. [3]
As with full-time employees, part-time
employees may only be terminated from
employment after observance of due
process.
Due
process
termination
requires the observance of substantive
due process and procedural due process.
Non-compliance with due process will
result in illegal dismissal of a part-time
employee.
Curiously, the Bulletin states that parttime employees are entitled to security
of tenure only if they become regular
employees. Once they become regular
employees, they are entitled to security
of tenure under the law, and can only be
separated for a just or authorized cause
and after due process.[4]
It is respectfully submitted that this is
incorrect.
The principle of security of tenure
enshrined in the 1987 Constitution
applies to all employees without
exception. As a part-time employee is
undoubtedly and without question an
employee, then the principle of security
of tenure likewise applies to such
employee.
Further, it should be borne in mind that a
part-time employee may be a regular
despite the shorter working schedule. To
be clear, a regular employee may be a
full-time regular or a part-time regular.
The Supreme Court no less has
recognized such a situation.
In Perpetual Help Cooperative, Inc. v.
Faburada,[5] it was held that a part-time
employee may be a regular despite
rendering less than the eight hours of
work a day. That [the employee]
worked only on a part-time basis does
not mean that he is a not a regular
employee.
Ones
regularity
of
employment is not determined by the
number of hours one works but by the
nature and by the length of time one has
been in that particular job.
As the Bulletin was issued in 1996 and
the Perpetual Help Cooperative case was
promulgated in 2005, it is submitted that
the said case law supersedes the
Bulletin insofar as there may be
inconsistencies.

It is respectfully submitted that this

requires further qualification.
In
view
of
the
Perpetual
Help
Cooperative case, a part-time employee
may undergo probationary employment
to become either a full-time regular
employee or a part-time regular
employee.
If the probation is for a full-time regular
employment, the Bulletin may be correct
in stating that the probationary period
may
be
extended
proportionately
equivalent to the hours of a full-time
probationary employee.
However, if the probation is for a parttime regular employment, it is submitted
that the 6-month probationary period
cannot be extended. The work hours for
part-time probation is expected to be
the
same
for
part-time
regular
employment. There is, thus, no valid
justification for extending the 6-month
probationary period.
On Retirement Compensation
Part-time employees are entitled to
retirement
pay
as
with
full-time
employees.
To be entitled to retirement pay, the
following conditions have to be met:
1. That there is no retirement plan
between the employer and employee;
2. That the employee should have
reached the age of 60 years old
(optional) or 65 years old (mandatory);
and

On probationary employment

3. That the employee should have

rendered at least five (5) years of
service with the employer.

In
the
Bulletin,
probationary
employment for part-time employees
may extend the prescribed six (6)

The retirement pay is computed at

month salary for every year of service
following R.A. 7641. Unless otherwise

agreed upon by the parties, the said

month salary includes: (a) 15 days
salary based on latest salary rate; (b)
cash equivalent of the 5 days service
incentive leave; and (c) 1/12 of 13th
month pay.[8] As a result, the month
salary is equivalent to 22.5 days.[9]
COLA is not included in the computation.
[10]

1949 Book IV SECTION 3. - Contract

for a Piece of Work
Art. 1713. By the contract for a piece of
work the contractor binds himself to
execute a piece of work for the
employer, in consideration of a certain
price or compensation. The contractor
may either employ only his labor or skill,
or also furnish the material. (1588a)

When applied to part-time employees,

the above components for the month
pay may likewise be computed at least
in proportion to the salary and related
benefit due them.[11]

Art. 1714. If the contractor agrees to

produce
the
work
from
material
furnished by him, he shall deliver the
thing produced to the employer and
transfer dominion over the thing. This
contract shall be governed by the
following articles as well as by the
pertinent provisions on warranty of title
and against hidden defects and the
payment of price in a contract of sale.
(n)

Miscellaneous
The Bulletin provided for the following
miscellaneous provisions if only to
provide for additional guidance.
Indications of regular employment
The Bulletin provides the following as
indications of regular employments:
1. The terms of his employment show
that he is engaged as regular or
permanent employee;
2. The terms of his employment indicate
that he is employed for an indefinite
period;
3. He has been engaged for a
probationary period and has continued
in his employment even after the
expiration of the probationary period; or
4. The employee performs activities
which are usually necessary or desirable
in the usual business or trade of the
employer.
With the Perpetual Help Cooperative
case, these indications of regular
employment
may
no
longer
be
applicable. There may be a regular
employment of a full-time employee or a
part-time employee.
On Non-Diminution of Benefits
The rule on non-diminution of benefits
likewise applies to part-time employees.
The DOLE Bulletin specifically states that
nothing therein should be construed as
authorizing any withdrawal or diminution
of any existing benefit granted to the
part-time employee provided for by law,
order, agreement and employer practice
or policy.
Thus, any existing benefit that the parttime employee enjoys have to be
honored by the employer who is bound
thereto. The issuance of the Bulletin
cannot be a ground for the withdrawal or
diminution of such benefits.
Republic Act No. 386 Civil Code of

Art. 1715. The contract shall execute the

work in such a manner that it has the
qualities agreed upon and has no
defects which destroy or lessen its value
or fitness for its ordinary or stipulated
use. Should the work be not of such
quality, the employer may require that
the contractor remove the defect or
execute another work. If the contract
fails or refuses to comply with this
obligation, the employer may have the
defect removed or another work
executed, at the contractor's cost. (n)
Art. 1716. An agreement waiving or
limiting the contractor's liability for any
defect in the work is void if the
contractor acted fraudulently. (n)
Art. 1717. If the contractor bound
himself to furnish the material, he shall
suffer the loss if the work should be
destroyed before its delivery, save when
there has been delay in receiving it.
(1589)
Art. 1718. The contractor who has
undertaken to put only his work or skill,
cannot claim any compensation if the
work should be destroyed before its
delivery, unless there has been delay in
receiving it, or if the destruction was
caused by the poor quality of the
material,
provided
this
fact
was
communicated in due time to the owner.
If the material is lost through a fortuitous
event, the contract is extinguished.
(1590a)
Art. 1719. Acceptance of the work by the
employer relieves the contractor of
liability for any defect in the work,
unless: R.A. No. 386 Excerpts from Civil
Code of 1949 Book IV page 2 of 37
(1) The defect is hidden and the
employer is not, by his special
knowledge, expected to recognize
the same; or
(2) (2) The employer expressly reserves
his rights against the contractor by
reason of the defect. (n)

Art. 1720. The price or compensation

shall be paid at the time and place of
delivery of the work, unless there is a
stipulation to the contrary. If the work is to
be delivered partially, the price or
compensation for each part having been
fixed, the sum shall be paid at the time
and place of delivery, in the absence if
stipulation. (n)
Art. 1721. If, in the execution of the work,
an act of the employer is required, and he
incurs in delay or fails to perform the act,
the contractor is entitled to a reasonable
compensation. The amount of the
compensation is computed, on the one
hand, by the duration of the delay and the
amount of the compensation stipulated,
and on the other hand, by what the
contractor has saved in expenses by
reason of the delay or is able to earn by a
different employment of his time and
industry. (n)
Art. 1722. If the work cannot be
completed on account of a defect in the
material furnished by the employer, or
because of orders from the employer,
without any fault on the part of the
contractor, the latter has a right to an
equitable part of the compensation
proportionally to the work done, and
reimbursement for proper expenses
made. (n)
Art. 1723. The engineer or architect who
drew up the plans and specifications for a
building is liable for damages if within
fifteen years from the completion of the
structure, the same should collapse by
reason of a defect in those plans and
specifications, or due to the defects in the
ground. The contractor is likewise
responsible for the damages if the edifice
falls, within the same period, on account
of defects in the construction or the use of
materials of inferior quality furnished by
him, or due to any violation of the terms
of the contract. If the engineer or architect
supervises the construction, he shall be
solidarily liable with the contractor.
Acceptance
of
the
building,
after
completion, does not imply waiver of any
of the cause of action by reason of any
defect mentioned in the preceding
paragraph. The action must be brought
within ten years following the collapse of
the building. (n)
Art. 1724. The contractor who undertakes
to build a structure or any other work for a
stipulated price, in conformity with plans
and specifications agreed upon with the
land-owner, can neither withdraw from the
contract nor demand an increase in the
price on account of the higher cost of
labor or materials, save when there has
been a change in the plans and
specifications, provided:
(1) Such change has been authorized by
the proprietor in writing; and
(2) The additional price to be paid to the
contractor has been determined in writing
by both parties. (1593a)

Art. 1725. The owner may withdraw at

will from the construction of the work,
although it may have been commenced,
indemnifying the contractor for all the
latter's
expenses,
work,
and
the
usefulness which the owner may obtain
therefrom, and damages. (1594a)
Art. 1726. When a piece of work has been
entrusted to a person by reason of his
personal qualifications, the contract is
rescinded upon his death. In this case the
proprietor shall pay the heirs of the
contractor in proportion to the price
agreed upon, the value of the part of the
work done, and of the materials prepared,
provided the latter yield him some benefit.
The same rule shall apply if the contractor
cannot
finish
the
work
due
to
circumstances beyond his control. (1595)
Art. 1727. The contractor is responsible
for the work done by persons employed
by him. (1596)
Art. 1728. The contractor is liable for all
the claims of laborers and others
employed by him, and of third persons for
death or physical injuries during the
construction. (n)
Art. 1729. Those who put their labor upon
or furnish materials for a piece of work
undertaken by the contractor have an
action against the owner up to the
amount owing from the latter to the
contractor at the time the claim is made.
However, the following shall not prejudice
the laborers, employees and furnishers of
materials: (1) Payments made by the
owner to the contractor before they are
due; (2) Renunciation by the contractor of
any amount due him from the owner. This
article is subject to the provisions of
special laws. (1597a)
Art. 1730. If it is agreed that the work
shall be accomplished to the satisfaction
of the proprietor, it is understood that in
case of disagreement the question shall
be subject to expert judgment. If the work
is subject to the approval of a third
person, his decision shall be final, except
in case of fraud or manifest error. (1598a)
Art. 1731. He who has executed work
upon a movable has a right to retain it by
way of pledge until he is paid.
WEEKLY REST DAY
Art. 91. RIGHT TO WEEKLY REST DAY
(a) It shall be the duty of every
employer, whether operating for
profit or not, to provide each of
his employees a rest period of
not less than twenty-four (24)
consecutive hours after every six
(6) consecutive normal work
days.

(b) The employer shall determine

and schedule the weekly rest day
of his employees subject to
collective bargaining agreement
and to such rules and regulations
as the Secretary of Labor may
provide. However, the employer
shall respect the preference of
employees as to their weekly rest
day when such preference is
based on religious grounds. (to
accommodate members of the
7th day Adventists and others)
Rule III, Book III
Section
2.
Business
on
Sundays/Holidays. All establishments
and enterprises may operate or open for
business on Sundays and Holidays
provided that the employees are given
the weekly rest day and the benefits due
them under the law.
The rest day need not be a Sunday,
because the Blue Sunday Law no longer
finds application in the present.
Section 3. Weekly Rest Day. Every
employer shall give his employees a rest
period of not less than 24 hours after
every 6 consecutive normal work days.
Section 4. Preference of employee.
The preference of the employee as to
his weekly day of rest shall be respected
by the employer if the same is based on
religious grounds. The employee shall
make known his preference to the
employer in writing at least seven (7)
days before the desired effectivity of the
initial rest day so preferred.
Where, however, the choice of the
employees as to their rest day based on
religious grounds will inevitably result in
serious prejudice or obstruction to the
operations of the undertaking and the
employer cannot normally be expected
to resort to other remedial measures,
the employer may so schedule the
weekly rest day of their choice for at
least two (2) days in a month.
Q: What happens on the seventh day?
A: It becomes the rest day. It is mandatory on
the part of the employer because it is provided
for under Article 91. That is how we
arrive on a 48-hour work week.
Q: Will the seventh day be considered always
and at all times the rest day?
A: YES.
Q: Does the LC tell us what specific day of the
week will the employees rest day be?
A: NO.

Of course, under the BLUE SUNDAY

LAW, the employees rest day was
imposed every Sunday. But when the
Labor Code took effect in 1974, it
gave more flexibility on the part of
the employer to determine what rest
day will be best for his business.
There
are
certain
types
of
establishments that derive more
money
during
Sundays
and
Saturdays. And on the other hand,
there may be some establishments
that are not productive during
Sundays.
Example:
Malls,
Department
Stores.
In
those
establishments, it will be possible to
schedule the employees rest day on
days other than Sunday.
The employer has the prerogative to
determine the employees rest day.
When it does, the employer can
change the employees rest day only
after giving a NOTICE, and the
change will take effect 1 week after
such notice.
Conditions:
(a) The employer has to notify the
employees of any change in the rest day.
(b) The change will have to take effect at
least 7 days after the change of
schedule.
This is so as not to cause
inconvenience on the part of the
employees who may expect to be
enjoying their rest day on a
particular day. If the employer
decides to change it because that is
his prerogative, he still has to inform
his employees of the change in
advance.
Q: The choice of rest day rests upon the
employer, is there an instance when the
employer will have to give some
deference to the employees choice of
their rest day?
A: YES. Under Article 91 (b), based on religious
grounds. The employer has to respect such
employees preference.
(b) The employer shall determine and
schedule the weekly rest day of his
employees subject to collective
bargaining agreement and to such
rules and regulations the SOLE may
provide. However, the employer shall
respect the preference of employees
as to their weekly rest day when such
preference is based on religious
grounds.
EXCEPTION TO THE EXCEPTION
Under the implementing rules, when it
will cause serious obstruction or
prejudice
to
the
operations
or
undertaking of the employer, the
employer shall schedule the rest day of
their choice for at least 2 days in a
month.

San Juan de Dios Hospital Employees

Association vs. NLRC
G.R. No. 126383 November, 28, 1997

But of course, customarily in the

Philippines, the employer gives respect
to the employees choice of rest day if
the same is based on religious grounds.
DOES
THE
6
CONSECUTIVE
DAYS
WORKWEEK APPLY TO ALL EMPLOYERS OR
EMPLOYEES?

A cursory reading of Article 83 of the

Labor Code betrays petitioners position
that hospital employees are entitled
to a full weekly salary with paid 2 days
off if they have completed the 40hour/5day workweek.

NO, it does not apply to:

(a) Health personnel in cities or municipalities
with a population of 1 million or
(b) Hospitals with a bed capacity of at least
100.
The population requirement and the bed
capacity need not go together. They are to be
taken separately.
Remember that the bed capacity is not
required to be occupied as long as the
requirement of at least a hundred is
met OR you belong in a municipality or
city with at least 1 million in population.
In this case, the normal workweek
consists of 5 consecutive workdays. In
effect, the rest day consists of 2 days.
The law does not tell us the specific days
when the rest days will fall. They have
40-hour workweek and they will enjoy 2
rest days. This is due to the nature of
their job or activities involving more
strenuous type of work compared to
other establishments.
HEALTH PERSONNEL shall include:
(a)
Resident physicians,
(b)
Nurses,
(c)
Nutritionists,
(d)
Dietitians,
(e)
Pharmacists,
(a)
(b)
(c)
(d)
(e)
(f)
(g)

Social workers,
Laboratory technicians,
Paramedical technicians,
Psychologists,
Midwives,
Attendants, and
All other hospital or clinic personnel.

Policy Instruction No. 54

[issued by Franklin Drilon]
It says in effect that those health personnel will
have to be considered paid 7 days a week. Is
this valid?
NO, this was held to be void in the case
of San Juan de Dios Hospital Employees
Association vs. NLRC, GR 126383
(November, 28, 1997). This is because it
contravenes the LC because the LC
does not say that these 2 days off shall
be paid, but rather, it only says that
there will be 30% which will be added to
the regular wage if they work on the
rest day.
The LC does not give them a full 7 days with
pay but rather, only additional compensation.

What Article 83 merely provides are:

(2)

(1) The regular office hour of 8 hours a

day, 5 days a week for health personnel;
and
Where the exigencies of service require
that health personnel work for 6 days or
48 hours, then such health personnel
shall be entitled to an additional
compensation of at least 30% of their
regular wage for work on the sixth day.
There is nothing in the law that supports
then SOLEs assertion that personnel in
subject hospitals and clinics are entitled
to a full weekly wage for 7 days if they
have completed the 40-hour/5-day
workweek in any given workweek.
Needless to say, the SOLE exceeded his
authority by including a 2 days off with
pay in contravention of the clear
mandate of the statute. Such an act the
Court
shall
not
countenance.
Administrative interpretation of the law,
we reiterate, is at best merely advisory,
and the Court will not hesitate to strike
down an administrative interpretation
that deviates from the provision of the
statute.
Policy Instruction 54 to our mind unduly
extended
the
statute.
It
being
inconsistent with and repugnant to the
provision of Article 83, as well as to RA
5901, PI 54 is declared VOID.
Q: Can the employees be compelled to work
during rest day?
A: Article 92.

The general rule is that under normal

circumstances, the employer cannot
require to compel his employee to work
on the latters scheduled rest day
against his will. The general rule
however admits of certain exceptions,
and these are found in Article 92 of the
Labor Code and Section 6 Rule III of the
Omnibus Rules.

Section 6. When work on rest day authorized. An employer may require any of his employees to work on his schedu

In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic, or other disaster or
In case of urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would othe
In the event of abnormal pressure or work due to special circumstances, where the employer cannot be ordinarily be expected to resort
To prevent serious loss of perishable goods;
Where the nature of the work is such that the employees have to work continuously for 7 days in a week or more, as in the case of the c
When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is depende

No employee shall be required against his will to work on his scheduled additional
rest day except
compensation
under the circumstances
for the
provided. Pro

work of the employee for not

more than 8 hours during his rest
day.

If the employee works on his

rest day, he is entitled to
additional compensation and this
is called PREMIUM PAY. This is not
the same as overtime pay. This is

HOLIDAY PAY
Regular Holidays
Article 94. Right to holiday pay.
(a) Every worker shall be paid his
regular daily wage during regular
holidays, except in retail and
service establishment regularly
employing less than ten workers;
(b) The employer may require an
employee to work on any holiday but
such employee shall be paid a
compensation equivalent to twice his

regular rate; and

(c) As used in this Article, "holiday"
includes: New Year's Day, Maundy
Thursday, Good Friday, the ninth of
April, the first of May, the twelfth of
June, last Sunday of August, first of
November,
the
thirtieth
of
November, the twenty-fifth and the
thirtieth of December, thirty-first of
December, and the day designated
by law for holding a general election.
Definition
Holiday pay is a one-day pay given by
law to an employee even if he does not
work on a regular holiday. The gift for a
days pay is limited to each of the twelve
regular holidays. It is not demandable
for any other kind of nonworking day,
except that there are place where
Muslim holidays also have to be
observed.
Purpose
The purpose of a holiday pay is to
prevent diminution of the monthly
income of the workers on account of
work interruptions declared by the state.
In other words, although the worker is
forced by law to take a rest, he is not
deprived of what he should earn.

Rationale
Benefit the daily paid workers based on the
principle of no work no pay
Every worker shall be paid his regular daily
wage during regular holidays
EXCEPTION:
Retail and service establishment regularly
employing less than ten workers
The employer may require an employee
to work on any holiday but such
employee shall be paid a compensation
equivalent to twice his regular rate;

The word holiday in Article 94(b) means a

regular holiday. Special holidays are taken up in
Article 93
Special Holidays
Article 93. Compensation for rest day, Sunday or
holiday work.
XXXX
Work performed on any special holiday
shall be paid an additional compensation
of at least thirty percent (30%) of the
regular wage of the employee. Where
such holiday work falls on the
employees scheduled rest day, he shall
be
entitled
to
an
additional
compensation of at least fifty per cent
(50%) of his regular wage.
XXXX

OMNIBUS RULES IMPLEMENTING THE LABOR CODE BOOK III

RULE IV HOLIDAYS WITH PAY

Coverage
SECTION 1. Coverage. This rule shall apply
to all employees except:
(a) Those of the government and any
of the political subdivision, including
government-owned
and
controlled
corporation;
(b) Those of retail and service establishments
regularly employing less than ten (10)
workers;
(c)
Domestic helpers and persons in the
personal service of another;
(d) Managerial employees as defined in Book
Three of the Code;
(e) Field personnel and other employees
whose
time
and
performance
is
unsupervised by the employer including
those who are engaged on task or
contract basis, purely commission basis,
or those who are paid a fixed amount for
performing work irrespective of the time
consumed in the performance thereof.

Effect of Absences on Holiday Pay

SECTION 6. Absences.
(a) All covered employees shall be
entitled to the benefit provided
herein when they are on leave of
absence with pay. Employees who
are on leave of absence without
pay on the day immediately
preceding a regular holiday may
not be paid the required holiday
pay if he has not worked on such
regular holiday.
(b) Employees shall grant the same
percentage of the holiday pay as
the benefit granted by competent
authority
in
the
form
of
employee's compensation or social
security payment, whichever is
higher, if they are not reporting for
work while on such benefits.
(c) Where
the
day
immediately
preceding the holiday is a nonworking day in the establishment
or the scheduled rest day of the
employee, he shall not be deemed
to be on leave of absence on that
day, in which case he shall be
entitled to the holiday pay if he
worked on the day immediately
preceding the non-working day or
rest day.
Effect of Business Closure on Holiday Pay
SECTION 7. Temporary or periodic
shutdown and temporary cessation
of work. (a) In cases of temporary or
periodic shutdown and temporary
cessation of work of an establishment,
as when a yearly inventory or when the
repair or cleaning of machineries and
equipment is undertaken, the regular
holidays falling within the period shall
be compensated in accordance with this
Rule.
(b) The regular holiday during the
cessation of operation of an
enterprise due to business
reverses as authorized by the
Secretary
of
Labor
and
Employment may not be paid by
the employer.
Holiday of Certain Types of Employees
SECTION 8. Holiday pay of certain
employees.
(f) Private school teachers,
including
faculty

members of colleges and

universities, may not be
paid for the regular
holidays during semestral
vacations.
They
shall,
however, be paid for the
regular holidays during
Christmas vacation;
(g) Where
a
covered
employee, is paid by
results or output, such as
payment on piece work,
his holiday pay shall not
be less than his average
daily earnings for the last
seven (7) actual working
days
preceding
the
regular holiday; Provided,
However, that in no case
shall the holiday pay be
less than the applicable
statutory minimum wage
rate.
(h) Seasonal workers may not be
paid the required holiday pay
during off-season when they are
not at work.
(i) Workers who have no regular
working days shall be entitled to
the benefits provided in this Rule.
Successive Holiday Rule
SECTION 10. Successive regular
holidays. Where there are two (2)
successive regular holidays, like Holy
Thursday and Good Friday, an employee
may not be paid for both holidays if he
absents himself from work on the day
immediately preceding the first holiday,
unless he works on the first holiday, in
which case he is entitled to his holiday
pay on the second holiday.
Double Holiday Rule
Asian Transmission case:
If unworked 200% of the basic wage (to give
the employee only 100% would reduce the
number of holiday under EO No. 203)
If worked 300% of the basic wage
If falls on a rest day [100% (basic pay) + 30%
(premium pay)] + 200% (double holiday) =
390% of the basic wage
Flexi-Holiday Schedule

One where the employees agree to

avail of holidays at some other days
provided there is no diminution of
existing benefits as a result of such
arrangement.
REPUBLIC
OF
PHILIPPINES
CONGRESS
OFTHE
THE
PHILIPPINES
METRO
MANILA
FOURTEENTH
CONGRESS
Third
Regular
Session
Begun and held in Metro Manila, on Monday, the
twenty-seventh day of July, two thousand nine.
Republic Act No. 9849
AN ACT DECLARING THE TENTH DAY OF
ZHUL HIJJA, THE TWELFTH MONTH OF THE
ISLAMIC CALENDAR, A NATIONAL HOLIDAY
FOR THE OBSERVANCE OF EIDULADHA,
FURTHER AMENDING FOR THE PURPOSE
SECTION 26, CHAPTER 7, BOOK I OF
EXECUTIVE ORDER NO. 292, OTHERWISE
KNOWN AS THE ADMINISTRATIVE CODE OF
1987, AS AMENDED.
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. The tenth day of Zhul Hijja, the
twelfth month of the Islamic Calendar, is hereby
declared as a national holiday for the observance
of Eidul Adha. Edul Adha is a tenth day in the
month of Hajj or Islamic Pilgrimage to Mecca
wherein Muslims pay homage to Abrahams
supreme act of sacrifice and signifies mankinds
obedience to God.
Section 2. Section 26, Chapter 7, Book I of
Executive Order No. 292, otherwise known as
The Administrative Code of 1987, as amended,
is hereby amended to read as follows:
SEC. 26. Regular Holidays and Nationwide
Special Days.

Araw
ng
Kagitingan Monday nearest April 9
(Bataan and Corregidor
Day)
Labor Day
Monday nearest May 1
Independence Day
Monday nearest June 12
National Heroes Day
Last Monday of August
Bonifacio Day
Monday nearest November
Christmas Day
December 25
Rizal Day
Monday nearest December
(b) Nationwide Special Holidays
Ninoy Aquino Day
Monday nearest August 21
All Saints Day
November 1
Last Day of the Year December 31
(c) In the event the holiday falls on a
Wednesday, the holiday will be observed on the
Monday of the week. If the holiday falls on a
Sunday, the holiday will be observed on the
Monday that follows:
Provided,That for movable holidays, the
President shall issue a specific date shall be
declared as a nonworking day.
Section 3. The implementation of this Act shall
be supervised by the Office on Muslim Affairs
(OMA) which shall promulgate the rules and
regulations pursuant to the provisions of this Act.
Section 4. All laws, presidential decrees,
executive
orders,
issuances,
rules
and
regulations and any part thereof regarding
national
nonworking
holidays
which
are
inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section 5. This Act shall take effect fifteen (15)
days after its complete publication in the Official
Gazette or at least two (2) national newspapers
of general circulation.
SERVICE INCETIVE LEAVE
Basis

(1) Unless otherwise modified by law, order, or

proclamation, the following regular holidays and
special days shall be observed in the country:

The basis of the grant of Service Incentive Leave

(a) Regular Holidays

(Book Three, Title I) of the Labor Code.

New Years Day

Maundy Thursday
Good Friday
Eidul Fitr
Eidul Adha

-January 1
Movable Date
Movable Date
Movable Date
Movable Date

to qualified employees is found in Article 95

Section 2, Rule V, Book III of the Omnibus Rules

contains

the

rules

and

implementation this right.

regulations

for

the

Employees entitled to SIL

performing

work

irrespective

of

the

time

consumed in the performance thereof;

Every

employee

(subject

to

the

exceptions

5.

below) who has rendered at least one year of

service is entitled to yearly service incentive

Those

enjoying

the

6.

Those enjoying vacation leave with pay of

at least five days; and

7.
At least one year of service Meaning

Those

employed

in

establishments

regularly employing less than ten employees.

The term at least one-year service means

service for not less than 12 months, whether
continuous or broken.

(Omnibus Rules)
Manner of availment
The service incentive leave may be used for sick

The 12-month period shall be reckoned from the

date the employee started working, including
authorized absences and paid regular holidays.
where

already

benefit herein provided;

leave of five days with pay.

However,

who are

the

operation

of

the

and vacation leave purposes. And, at the end of

the year, the unused SIL may be commuted to
cash.
Commutability to cash

establishment as a matter of practice or policy,

Under the Omnibus Rules, the unused service

or that provided in the employment contract, is

incentive leave is commutable to its money

less than 12 months, such period shall be

equivalent at the end of the year. [N.B. Not found

considered as one year.

in the LC.]

Employees not covered

Accumulation of Leave Credits

The following employees are excluded from

Instead of using up SIL, the employee may

entitlement to SIL under the Labor Code (but

accumulate it and opt for its commutation to

they may be entitled to the same or similar

cash upon his resignation or separation from

benefits if so provided under other laws, or

employment.

collective bargaining agreement or employment

contract):
1.

Computation of SIL

Those of the government and any of its

political

subdivisions,

including

government-

owned and controlled corporations;

2.

In computing SIL, the basis shall be the salary

rate at the date of commutation. The availment
and commutation of this benefit may be on a pro

Domestic helpers and persons in the

rata basis. (DOLE Handbook)

personal service of another;

3.

Managerial employees as defined in Book

Illustration

Three of the Labor Code;

4.

employees

An employee was hired on January 1, 1997, and

whose performance is unsupervised by the

resigned on March 1, 1998. Assuming he has not

employer including those who are engaged on

used or commuted any of his SIL credits, he is

task or contract basis, purely commission basis,

entitled upon his resignation to the commutation

or those who are paid a fixed amount for

of his accumulated SIL as follows:

Field

personnel

and

other

SIL earned as of Dec. 31, 1997 = 5 days

the commutation of his service incentive leave,

Proportionate SIL for Jan. and Feb. 1998 = (2/12)

but from the time when the employer refuses to

pay its monetary equivalent after demand of

days

0.833

day

Total as of March 1, 1998 = 5.833 days

commutation

or

upon

termination

of

the

Part-time Workers

employees services, as the case may be. (Auto

Bus Transport, Inc. vs. Bautista, 2005)

Are part-time workers entitled to the full five

3.

Petitioners contention that respondent is

days SIL, or should the entitlement be on pro-

not entitled to the grant of service incentive

rata basis? Part-time workers are entitled to full

leave just because he was paid on purely

five days SIL. (BWC Advisory Opinion)

commission basis is misplaced. What must be

ascertained in order to resolve the issue of

The reason is that the Labor Code speaks of

propriety of the grant of service incentive leave

number of months worked in a year, not number

to respondent is whether or not he is a field

of

personnel. (Auto Bus Transport, Inc. vs. Bautista,

hours

worked

in

day,

as

basis

for

entitlement.
Vacation and Sick leave
The Labor Code treats vacation leave and sick
leave under the same category as Service
Incentive Leave or leave with pay.
Thus, the grant of vacation or sick leave with pay
of at least five days may be credited as
compliance with SIL. For example, if a company
is giving its employees 15 days vacation leave,
five days of which is with pay, the five-days paid
vacation leave may be credited as SIL.
Case
1.

Petitioner CIT claimed that teachers are

not entitled to SIL because they are engaged by
the school on contractual basis. The claim was
not sustained. It was held that the phrase those
who are engaged on task or contract basis as
mentioned in the Omnibus Rules should be read
in relation to field personnel. Teachers, not
being field personnel, are entitled to SIL. (CIT vs.
Ople, 1987.)

2.

Applying Article 291 of the Labor Code in

light of this peculiarity of the service incentive
leave, we can conclude that the three (3)-year
prescriptive period commences, not at the end of
the year when the employee becomes entitled to

2005)
4.

Exemptions. To claim exemption from

payment of service incentive leave pay, it is the
employers duty to prove that it is covered under
the exemption. Thus, where the employer claims
that the employee is not entitled to service
incentive leave pay inasmuch as establishment
employing less than ten (10) employees are
exempted from paying service incentive leave
pay, it has the duty to prove that there were less
than ten employees in the company. (C. Planas
Commercial, et al. vs. NLRC, G.R. No. 144619,
November 11, 2005.)

MATERNITY LEAVE BENEFITS

(a) Every employer shall grant to
any pregnant woman employee
who has rendered an aggregate
service of at least six (6) months
for the last twelve (12) months,
maternity leave of at least two
(2) weeks prior to the expected
date of delivery and another four
(4) weeks after normal delivery
or abortion with full pay based
on her regular or average weekly
wages.
The
employer
may
require
from
any
woman
employee applying for maternity
leave the production of a medical
certificate stating that delivery
will probably take place within
two weeks.

(b) The maternity leave shall be

extended without pay on account
of illness medically certified to
arise out of the pregnancy,
delivery, abortion or miscarriage,
which renders the woman unfit
for work, unless she has earned
unused leave credits from which
such extended leave may be
charged.
(c) The maternity leave provided in
this Article shall be paid by the
employer only for the first four
(4) deliveries by a woman
employee after the effectivity of
this Code.

SOCIAL SECURITY ACT OF 1997 (RA 8282)

SEC. 14-A. Maternity Leave Benefit. - A
female member who has paid at least
three (3) monthly contributions in the
twelve-month
period
immediately
preceding the semester of her childbirth
or miscarriage shall be paid a daily
maternity benefit equivalent to one
hundred percent (100%) of her average
daily salary credit for sixty (60) days or
seventy-eight (78) days in case of
caesarean delivery, subject to the
following conditions:
(a) That the employee shall have
notified her employer of her
pregnancy and the probable
date of her childbirth, which
notice shall be transmitted to
the SSS in accordance with the
rules and regulations it may
provide;
(b) The full payment shall be advanced by
the employer within thirty (30) days
from the filing of the maternity leave
application;
(c) That
payment
of
daily
maternity benefits shall be a
bar to the recovery of sickness
benefits provided by this Act for
the same period for which daily
maternity benefits have been
received;
(d) That the maternity benefits provided

under this section shall be paid only for

the first four (4) deliveries or
miscarriages;
(e) That the SSS shall immediately
reimburse the employer of one
hundred percent (100%) of the
amount of maternity benefits
advanced to the employee by
the employer upon receipt of
satisfactory proof of such
payment and legality thereof;
and
(f) That if an employee member
should give birth or suffer
miscarriage
without
the
required contributions having
been remitted for her by her
employer to the SSS, or without
the
latter
having
been
previously notified by the
employer of the time of the
pregnancy, the employer shall
pay to the SSS damages
equivalent to the benefits which
said employee member would
otherwise have been entitled
to.
A covered female employee shall be
paid
a
daily
maternity
benefits
equivalent to 100% of her present
BASIC SALARY, ALLOWANCE, & OTHER
BENEFITS or the cash equivalent of such
benefits for:
2. 60 days normal delivery
3. 78 days caesarian delivery, PROVIDED
she:
a. has paid at least 3 monthly
maternity contributions in the
12 month period preceding
the semester of her childbirth
or miscarriage; AND
b. is currently employed.
Not Part of 13th-Month Pay
Maternity benefits, like other benefits
granted by the SSS, are granted to
employees in lieu of wages and,
therefore, may not be included in
computing the employees 13th-month
pay for the calendar year.
Q: Is maternity leave benefit only available to
lawfully married women?

A: NO, any pregnant woman employee whether

married or not is eligible under this provision.

PATERNITY LEAVE ACT OF 1996 (R.A

8187)
SECTION 2. Notwithstanding any law,
rules and regulations to the contrary,
every married male employee in the
private and public sectors shall be
entitled to a paternity leave of seven (7)
days with full pay for the first four (4)
deliveries of the legitimate spouse with
whom he is cohabiting. The male
employee applying for paternity leave
shall notify his employer of the
pregnancy of his legitimate spouse and
the expected date of such delivery.
For purposes, of this Act, delivery shall
include childbirth or any miscarriage.
The covered employee is entitled to a 7day leave with full pay (BASIC SALARY)
for the first 4 deliveries/miscarriage of his
lawful spouse.
SECTION 5. Any person, corporation,
trust, firm, partnership, association or
entity found violating this Act or the
rules and regulations promulgated
thereunder shall be punished by a fine
not exceeding Twenty-five thousand
pesos (P25,000) or imprisonment of not
less than thirty (30)days nor more than
six (6) months.
If the violation is committed by a
corporation, trust or firm, partnership,
association or any other entity, the
penalty of imprisonment shall be
imposed on the entity's responsible
officers, including, but not limited to,
the president, vice-president, chief
executive officer, general manager,
managing director or partner directly
responsible therefor.

Revised Implementing Rules (Series of

1996)
SECTION 3. Conditions to entitlement of
paternity leave benefits. A married male
employee shall be entitled to paternity benefits
provided that:
(a) he is an employee at the time of
delivery of his child;
(b) he is cohabiting with his spouse at
the time she gives birth or suffers a
miscarriage.
(c) he has applied for paternity leave in
accordance with Section 4 hereof;
and
(d) his wife has given birth or suffered a
miscarriage.
SECTION 4. Application for leave.
The married male employees shall apply
for paternity leave with his employer
within a reasonable period of time from
the expected date of delivery by the
pregnant spouse, or within such period
as may be provided by company rules
and regulations or by collective
bargaining agreement, provided that
prior application for leave shall not be
required in case of miscarriage.
SECTION 5. Availment. Paternity
leave benefits shall be granted to the
qualified employee after the delivery by
his wife, without prejudice to an
employer allowing an employee to avail
of the benefit before or during the
delivery; provided, that the total
number of days shall not exceed seven
(7) days for each delivery.
SECTION 6. Benefits. The employee
is entitled to his full pay, consisting of
basic salary, for the seven (7) days
during which he is allowed not to report
for work, provided, that his pay shall not
be less than the mandated minimum
wage.
SECTION 7. Non-commutation of benefits.
In the event that paternity leave benefit is not
availed of, said leave shall not be convertible to
cash.

SOLO
PARENT
WELFARE
ACT
(R.A.9872)
Section 3. Definition of Terms. Whenever
used in this Act, the following terms shall mean
as follows:
(a) "Solo parent" - any individual who
falls under any of the following
categories:
(1) A woman who gives birth as a
result of rape and other crimes
against chastity even without a final
conviction of the offender: Provided,
That the mother keeps and raises
the child;
(2)
Parent left solo or alone with the
responsibility of parenthood due to death
of spouse;
(3) Parent left solo or alone with the
responsibility of parenthood while
the spouse is detained or is serving
sentence for a criminal conviction
for at least one (1) year;
(4) Parent left solo or alone with the
responsibility of parenthood due to
physical and/or mental incapacity of
spouse as certified by a public
medical practitioner;
(5) Parent left solo or alone with the
responsibility of parenthood due to
legal
separation
or
de
facto
separation from spouse for at least
one (1) year, as long as he/she is
entrusted with the custody of the
children;
(6) Parent left solo or alone with the
responsibility of parenthood due to
declaration of nullity or annulment
of marriage as decreed by a court or
by a church as long as he/she is
entrusted with the custody of the
children;
(7)
Parent left solo or alone with the
responsibility of parenthood due to
abandonment of spouse for at least one
(1) year;
(8) Unmarried mother/father who has
preferred to keep and rear her/his

child/children instead of having

others care for them or give them up
to a welfare institution;
(9)
Any other person who solely
provides parental care and support to a
child or children;
(10) Any family member who assumes
the responsibility of head of family
as
a
result
of
the
death,
abandonment, disappearance or
prolonged absence of the parents or
solo parent.
A
change
in
the
status
or
circumstance of the parent claiming
benefits under this Act, such that
he/she is no longer left alone with
the responsibility of parenthood,
shall terminate his/her eligibility for
these benefits.
(b) "Children" - refer to those living with
and dependent upon the solo parent for
support
who
are
unmarried,
unemployed and not more than
eighteen (18) years of age, or even over
eighteen (18) years but are incapable of
self-support because of mental and/or
physical defect/disability.
(c) "Parental responsibility" - with respect
to their minor children shall refer to the
rights and duties of the parents as
defined in Article 220 of Executive Order
No. 209, as amended, otherwise known
as the "Family Code of the Philippines."
(d) "Parental leave" - shall mean leave
benefits granted to a solo parent to
enable him/her to perform parental
duties
and
responsibilities
where
physical presence is required.
(e) "Flexible work schedule" - is the right
granted to a solo parent employee to
vary his/her arrival and departure time
without affecting the core work hours as
defined by the employer.

Section 6. Flexible Work Schedule. - The

employer shall provide for a flexible working
schedule for solo parents: Provided, That the
same shall not
affect
individual
and
company

productivity: Provided, further, That any

employer may request exemption from
the above requirements from the DOLE
on certain meritorious grounds.
Section 7. Work Discrimination. - No
employer shall discriminate against any
solo parent employee with respect to
terms and conditions of employment on
account of his/her status.
Section 8. Parental Leave. - In addition
to leave privileges under existing laws,
parental leave of not more than seven
(7) working days every year shall be
granted to any solo parent employee
who has rendered service of at least
one (1) year.
IMPLEMENTING
RULES
AND
REGULATIONS OF RA 8972 (2002)
Parental Leave shall mean leave
benefits granted to solo parent to
enable him/her to perform parental
duties
and
responsibilities
where
physical presence is required
Flexible Work Schedule is the right
granted to a solo parent employee to
vary his/her arrival and departure time
without affecting the core work hours as
defined by the employer
ARTICLE IV Criteria for Support
Section 7. Criteria for Support Any
solo parent whose income in the place
of domicile falls equal to or below the
poverty threshold as set by the NSCB
and subject to the assessment of the
duly appointed or designated social
worker in the area shall be eligible for
assistance: Provided, however, That any
solo parent whose income is above the
poverty threshold shall enjoy the
benefits mentioned in Sections 16, 17,
18, 19, 20, 21 and 23 of these Rules.
For purposes of the Act and these Rules, the
place of domicile shall refer to the residence
mentioned in Section 8(a) of these Rules.
Section 8. Qualifications of Solo Parent

A solo parent seeking benefits other

than those provided for under Sections
16, 17, 18, 19, 20, 21 and 23 of these
Rules shall be qualified on the basis of
the following:
(a) A resident of the area where the
assistance is sought, as certified
by
the
barangay
captain;
Provided, that if the solo parent
is a transferee from another
barangay, he/she is required to
secure a clearance from his/her
previous barangay, indicating
whether or not he/she has
availed of any benefits for solo
parents, and the nature of such
benefits.
(b) With an income level equal to or
below the poverty threshold as
set forth by NSCB and assessed
by a social worker as provided
for under Section 7 of these
Rules.
ARTICLE V Benefits
Section 16. Flexible Work Schedule
The employer shall provide for a flexible
work schedule
for
solo parents:
Provided, That the same shall not
affect
individual
and
company
productivity: Provided further, That any
employer may request exemption from
the above requirements from the DOLE
on certain meritorious grounds.
In the case of employees in the
government service, flexible working
hours will be subject to the discretion of
the head of the agency. In no case shall
the weekly working hours be reduced in
the event the agency adopts the flexible
working hours schedule format (flexitime). In the adoption of flexi- time, the
core working hours shall be prescribed
taking into consideration the needs of
the service.
Section 17. Work Discrimination No
employer shall discriminate against any
solo parent employee with respect to
terms and conditions of employment on

account of his/her status.

Section 18.
Parental Leave In
addition to leave privileges under
existing laws, parental leave of not more
than seven (7) working days every year
shall be granted to any solo parent
employee who has rendered service of
at least one (1) year. The seven-day
parental
leave
shall
be
noncumulative.
Section 19. Conditions for Entitlement of
Parental Leave A solo parent shall be entitled
to parental leave provided that:
(a) He/She has rendered at least one (1)
year of service whether continuous or
broken at the time of the affectivity of
the Act;
(b) He/She has notified his/her employer of
the
availment
thereof
within
a
reasonable time period; and
(c) He/She has presented a Solo Parent
Identification Card to his/her employer.
Section 20. Non-conversion of Parental
Leave In the event that the parental
leave is not availed of, said leave shall
not be convertible to cash unless
specifically agreed upon previously.
However, if said leave were denied an
employee as a result of non-compliance
with the provisions of these Rules by an
employer, the aforementioned leave
may be used a basis for the
computation of damages.
Section 21. Crediting of Existing Leave
If there is an existing or similar benefit
under a company policy, or a collective
bargaining agreement or collective
negotiation agreement the same shall
be credited as such. If the same is
greater than the seven (7) days
provided for in the Act, the greater
benefit shall prevail.
Emergency
or
contingency
leave
provided under a company policy or a
collective bargaining agreement shall
not be credited as compliance with the
parental leave provided for under the
Act and these Rules.

ANTI-VIOLENCE AGAINST WOMEN &

THEIR CHILDREN ACT OF 2004 (R.A
9262)
Battered Womans Leave
SECTION 43. Entitled to Leave. Victims
under this Act shall be entitled to take a paid
leave of absence up to ten (10) days in addition
to other paid
leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the
necessity arises as specified in the protection
order.
IMPLEMENTING RULES OF RA9262
Section 42. Ten-day paid leave in
addition to other leave benefits. At
any time during the application of any
protection
order,
investigation,
prosecution and/or trial of the criminal
case, a victim of VAWC who is employed
shall be entitled to a paid leave of up to
ten (10) days in addition to other paid
leaves under the Labor Code and Civil
Service Rules and Regulations and other
existing laws and company policies,
extendible when the necessity arises as
specified in the protection order. The
Punong
Barangay/kagawad
or
prosecutor or the Clerk of Court, as the
case may be, shall issue a certification
at no cost to the woman that such an
action is pending, and this is all that is
required for the employer to comply
with the 10-day paid leave. For
government employees, in addition to
the aforementioned certification, the
employee concerned must file an
application for leave citing as basis R.A.
9262. The administrative enforcement
of this leave entitlement shall be
considered within the jurisdiction of the
Regional Director of the DOLE under
Article 129 of the Labor Code of the
Philippines, as amended, for employees
in the private sector, and the Civil
Service Commission, for government
employees.
The availment of the ten day-leave shall
be at the option of the woman

employee, which shall cover the days

that she has to attend to medical and
legal concerns. Leaves not availed of
are noncumulative and not convertible
to cash.
The employer/agency head who denies
the application for leave, and who shall
prejudice the victim-survivor or any
person for assisting a co-employee who
is a victim-survivor under the Act shall
be held liable for discrimination and
violation of R.A 9262.
The provision of the Labor Code and the Civil
Service Rules and Regulations shall govern the
penalty to be imposed on the said
employer/agency head.
REQUIREMENTS FOR LEAVE UNDER VAWC
LAW
Private Sector Employees
Certification from either of the following:
(a) Punong Barangay (Brgy. Captain);
(b) Prosecutor;
(c) Clerk of Court.
Government Employees
(1) Certification from Punong Barangay,
Prosecutor or Clerk of Court;
(2) Must file an application for leave
NOTE: The enforcement of this
leave is within the jurisdiction of the
Regional Director of DOLE under
Article 129 (Simple Money Claims)

MAGNA CARTA OF WOMEN (RA. 9710)

Section 18. Special Leave Benefits for
Women. A woman employee having
rendered
continuous
aggregate
employment service of at least six (6)
months for the last twelve (12) months
shall be entitled to a special leave
benefit of two (2) months with full pay
based
on
her
gross
monthly
compensation following surgery caused
by gynecological disorders.
IMPLEMENTING
RULES
AND
REGULATIONS OF RA9710
SECTION 21.
Special Leave Benefits for

Women.
Any female employee in the public and
private sector regardless of age and civil
status shall be entitled to a special
leave of two (2) months with full pay
based
on
her
gross
monthly
compensation subject to existing laws,
rules and regulations due to surgery
caused by gynecological disorders
under such terms and conditions:
1. She has rendered at least six (6) months
continuous
aggregate
employment
service for the last twelve (12) months
prior to surgery;
2. In the event that an extended leave is
necessary, the female employee may
use her earned leave credits; and
3. This special leave shall be noncumulative and nonconvertible to cash.
GUIDELINES
GOVERNING
THE
IMPLEMENTATION OF THE SPECIAL
LEAVE
BENEFITS
FOR
WOMEN
EMPLOYEES IN THE PRIVATE
SECTOR (DOLE Department Order No.
112-11, Series of 2011)
Section 1. Definition of terms. As used in
these Rules, the following terms shall mean:
(a) Special leave benefits for
women refers to a female
employees leave entitlement of
two (2) months with full pay from
her employer based on her gross
monthly compensation following
surgery caused by gynecological
disorders, provided that she has
rendered continuous aggregate
employment service of at least
six (6) months for the last 12
months. This two-month leave is
in addition to leave privileges
under existing laws.
(b) Gynecological disorders refers
to disorders that would require
surgical procedures such as, but
not limited to, dilatation and
curettage and those involving
female reproductive organs such
as the vagina, cervix, uterus,
fallopian tubes, ovaries, breast,
adnexa and pelvic floor, as
certified
by
a
competent
physician. For purposes of the
Act
and
the
Rules
and

Regulations
of
this
Act,
gynecological surgeries shall also
include
hysterectomy,
ovariectomy, and mastectomy

(a) She has rendered at least six (6) months

continuous
aggregate
employment
service for the last twelve (12) months
prior to surgery;
(b) She has filed an application for special
leave in accordance with Section 3
hereof.
(c) She has undergone surgery due to
gynecological disorders as certified by a
competent physician.
Section 3. Application for special
leave. The employee shall file her
application for leave with her employer
within a reasonable period of time from
the expected date of surgery, or within
such period as may be provided by
company rules and regulations or by
collective bargaining agreement.
Prior application for leave shall not be
necessary in cases requiring emergency
surgical procedure, provided that the
employer shall be notified verbally or in
written form within a reasonable period
of time and provided further that after
the surgery or appropriate recuperating
period, the female employee shall
immediately file her application using
the prescribed form.
Section 4. Availment. Special leave
benefits shall be granted to the
qualified employee after she has
undergone surgery, without prejudice to
an employer allowing an employee to
receive her pay before or during the
surgery.
Section 5. Benefits. The employee is
entitled to full pay for two months
based
on
her
gross
monthly
compensation.
Gross
monthly
compensation refers to the monthly
basic pay plus mandatory allowances
fixed by the regional wage boards.
Section
6.
Non-commutation
of
benefits. This special leave shall be

Section 2. Conditions to entitlement of

special leave benefits. Any female
employee, regardless of age and civil
status, shall be entitled to a special
leave, provided she has complied with
the following conditions:
non-cumulative and non-convertible to
cash unless otherwise provided by a
collective bargaining agreement (CBA).
Section 7. Enforcement and monitoring. The
Labor Inspectorate of the DOLE Regional Offices
shall be responsible for the enforcement and
monitoring of this Guideline.

THE ROOMING-IN AND BREASTFEEDING ACT OF 1992 (RA 7600)

AS
AMENDED
BY
EXPANDED
BREASTFEEDING PROMOTION ACT
OF 2009 (RA 10028)
Section
4.
Applicability.

The
provisions in this Chapter shall apply to
all private enterprises as well as
government agencies, including their
subdivisions and instrumentalities, and
government-owned
and
-controlled
corporations.
Upon application to, and determination
by, the Secretary of the Department of
Labor and Employment for the private
sector, and the Chairperson of the Civil
Service Commission for the public
sector, all health and non-health
facilities,
establishments
and
institutions may be exempted for a
renewable period of two (2) years from
Section 6 of this Act where the
establishment of lactation stations is not
feasible or necessary due to the
peculiar circumstances of the workplace
or
public
place
taking
into
consideration, among others, number of
women employees, physical size of the
establishment, and the average number
of women who visit.
All health and non-health facilities,
establishments or institutions which are
exempted in complying with the
provisions of this Act but nevertheless
opted to comply are entitled to the
benefits herein stated: Provided, That
they give their employees the privilege

of using the same.

Sec. 11. Establishment of Lactation
Stations. It is hereby mandated that all
health
and
non-health
facilities,
establishments or institutions shall
establish
lactation
stations.
The
lactation stations shall be adequately
provided with the necessary equipment
and facilities, such as: lavatory for handwashing, unless there is an easilyaccessible lavatory nearby; refrigeration
or appropriate cooling facilities for
storing expressed breastmilk; electrical
outlets for breast pumps; a small table;
comfortable seats; and other items, the
standards of which shall be defined by
the Department of Health. The lactation
station shall not be located in the toilet.
In addition, all health and non-health
facilities, establishments or institutions
shall take strict measures to prevent
any direct or indirect form of promotion,
marketing, and/or sales of infant
formula and/or breastmilk substitutes
within the lactation stations, or in any
event or circumstances which may be
conducive to the same.
Apart
from
the
said
minimum
requirements, all health and non-health
facilities, establishments or institutions
may provide other suitable facilities or
services within the lactation station, all
of which, upon due substantiation, shall
be considered eligible for purposes of
Section 14 of this Act.
Sec. 12. Lactation Periods. Nursing
employees shall granted break intervals
in addition to the regular time-off for
meals to breastfeed or express milk.
These intervals, which shall include the
time it takes an employee to get to and
from the workplace lactation station,
shall be counted as compensable hours
worked. The Department of Labor and
Employment (DOLE) may adjust the
same: Provided, That such intervals
shall not be less than a total of forty
(40) minutes for every eight (8)-hour
working period.
Sec. 21. Sanctions. Any private nonhealth
facility,
establishment
and
institution which unjustifiably refuses or

fails to comply with Sections 6 and 7 of

this Act shall be imposed a fine of not
less
than
Fifty
thousand
pesos
(Php50,000.00) but not more than Two
hundred
thousand
pesos
(Php200,000.00) on the first offense.
On the second offense, a fine of not less than
Two hundred thousand pesos (Php200,000.00)
but not more than Five hundred thousand pesos
(Php500,000.00).
On the third offense, a fine of not less
than Five hundred thousand pesos
(Php500,000.00) but not more than One
million pesos (Php1,000,000.00) and the
cancellation or revocation of the
business permits or licenses to operate.
In all cases, the fine imposed should
take into consideration, among others,
number of women employees, physical
size of the establishment, and the
average number of women who visit.
In addition, the Secretary of Health is
hereby empowered to impose sanctions
on health institution for the violation of
this Act and the rules issued thereunder.
Such sanctions may be in the form of
reprimand or censure and in case of
repeated willful violations, suspension of
the permit to operate of the erring
health institution.
Heads, officials and employees of
government health and non-health
facilities,
establishments
and
institutions who violate this Act shall
further be subject to the following
administrative penalties:
First offense - Reprimand;
Second offense - Suspension for one (1) to thirty
(30) days; and Third offense - Dismissal.
This shall be without prejudice to other liabilities
applicable under civil service law and rules.
IMPLEMENTING
RULES
AND
REGULATIONS OF RA 10028
Section 7. General Statement on
Coverage - This Rule shall apply to all
establishments whether operating for
profit or not which employ in any

workplace, nursing employees, unless

exempted by the Secretary of Labor and
Employment, under Section B hereof.
Section 8. Exemption - A private
establishment may apply for an
exemption to establish lactation station
at the DOLE Regional Office having
jurisdiction over said establishment. An
application for exemption may be
granted by the DOLE Regional Director
upon
determination
that
the
establishment of a lactation station is
not feasible or necessary due to the
peculiar circumstances of the workplace
taking into account, among others, the
number of women employees, physical
size of the establishment and average
number of women who will use the
facility. Due substantiation shall be
made by the employer to support the
application
for
exemption.
The
exemption granted by DOLE shall be for
a renewal period of two (2) years.
Section 10. Minimum Requirements in
the Establishment of Lactation Stations It is hereby mandated that health and
non-health facilities, establishments or
institutions, including public places,
shall establish lactation stations as
appropriate.
Lactation stations shall be accessible to
the breastfeeding women. It shall be
adequately provided with the necessary
equipment and facilities and other
items, the standards of which shall be
defined by the Department of Health.
The lactation station shall be clean, well
ventilated, comfortable and free from
contaminants
and
hazardous
substances, and shall ensure privacy for

the women to express their milk and/or

in appropriate cases, breastfeed their
child. In no case, however, shall the
lactation station be located in the toilet.
Section 11. Workplace compliance
with the Milk Code - In addition, the
establishments
shall
take
strict
measures to prevent any direct or
indirect promotion, marketing, and/or
sales of infant formula and/or breastmilk
substitutes within the lactation stations,
or in any event or circumstances which
may be conducive to the same, to effect
exclusive breastfeeding up to six
months
and
the
introduction
of
appropriate complementary food from
six
months
while
continuing
to
breastfeed for two years and beyond.
Section 12. Lactation Periods - Nursing
employees are entitled to break
intervals in addition to the regular timeoff for meals to breastfeed or express
milk. The employee shall notify their
immediate supervisor before leaving
their station. These intervals which
include the time it takes an employee to
get to and from the workplace lactation
station
shall
be
counted
as
compensable hours worked. The DOLE
may adjust the same but in no case
shall such intervals be less than 40
minutes for every 8-hour working
period. Duration and frequency of
breaks may be agreed upon by
employees and employers with the
minimum being 40 minutes. Usually,
there
could
be
2-3
breastmilk
expressions lasting to 15-30 minutes
each within a workday.