Some Labor Code Provisions Concerning Hours of Work, Rest Periods, Holiday Pay, Leaves and Service

Charges.

Art. 83. Normal Hours of Work. The normal hours of work of any employee shall not exceed eight (8) hours a day.
Art. 84. Hours Worked. It shall include: a) at all times during which an employee is required to be on duty or be at
a prescribed workplace, and b) at all times during which an employee is suffered or permitted to work.
Rest period of short duration working hours shall be counted as hours worked.
Art. 85. It is the duty of every employer to give his employees regardless of sex, not less than 60 minutes times off
for their regular meals. These meal period are not however compensable hours of work. The regular are breakfast,
lunch and supper. Coffee breaks or rest periods running from five (5) to twenty (20) minutes are not included; they
are considered as compensable working time.
Art. 86. Night Shift Differential. Every employee shall be paid a night shifty differential or not less than ten
percent (10%) of his regular wage for his hour or work performed between ten o clock in the evening and six o
clock in the morning. All employees are entitled to night shift differential pay except the following:
a. Government employees including those employed in government-owned or controlled corporations with
original charters;
b. Employees of retail and service establishment regularly employing not more than five (5) workers;
c. Domestic helpers;
d. Persons in the personal service of another;
e. Managerial employees;
f. Officers and members of a managerial staff;
g. Field personnel and other employees whose time and performance is unsupervised by the employer;
h. Workers who are engaged on task or contract basis, purely commission basis, or those who are paid with a
fixed amount for performing work irrespective of time consumed in the performance thereof (Sec 1, Rule II,
Book III, Rules Implementing the Labor Code) and,
i. Members of the family of the employer who are dependent upon him for support (Article 82 of the Family
code).

Article 87. Overtime Work. Work maybe performed beyond eight (8) hours a day provided that the employee
is paid for the overtime work, and additional compensation equivalent to his regular wage plus at least twenty
five (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional
compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent
(30%) thereof.
Article 96. Service Charges. All service charges collected by the hotels, restaurants and similar establishments
shall be distributed at the rate of eighty five percent (85%) for all covered employees and fifteen percent (15%)
for the management. The share of employees shall be equally distributed among them. In case the service
charge is abolished, the share of the covered employees shall be considered in their wages.

Four-Fold Test to Determine the Employee-Employer Relationship

To determine the existence of the employee-employer relationship, the following should be considered: 1.
Manner of selection and engagement of the putative employee; 2. Mode of payment of wages; 3.
Presence of or absence of the power dismissal; 4. Presence or absence of a power to control the
putative employees conduct.
Article 1315 of the New Civil Code emphasizes the nature of employee and employer. According to the code,
the rights and obligations arising from employee to employer relationship are contractual in character. As such,
the parties are bound not only to the fulfillment of what has been expressly stipulated but also to all other
consequences which, according to their nature, may be in keeping with good faith, usage, and law.
Article 1700 however provides that the relations between capital and labor are not merely contractual. They are
so impressed with such contracts must yield to the common good. Bargaining, strikes and lockouts, closed shop,
wages, working conditions, hours of laborand similar subjects.

Queries:

Is there an employee-employer relationship between the working scholars and the administrators of the
academic institution.?
How about the bugaw and the prostitute in the RED DISTRICT in the Tourism industries.

Classification of Employees
Employee may be classified as follows: Special workers; Casual Employees; Specific Project or
Seasonal Employees; Probationary; Regular; Managerial

Distinguish Apprenties from Learners

APPRENTIES
They are trained in apprenticeable
occupation
Employers who avail the tax
deduction scheme pay in their
apprenties fill minimum wage
instead of not less than 75% of the
applicable minmum wage.
If the training is a perquisite to
graduation or a requirements in
taking the government board
examination, the hiring of apprenties
without compensation is authorized.
Apprenties may be employed even
when there are experienced workers
available.

LEARNERS
They are trained in non-apprenticeable
occupation.

They are always paid at not less than

75% of the applicable minimum wage.

A learner employed in piece or

incentives rate jobs during the training
period is paid in full for the worked done.

Learners may be employed only when

there are no experienced workers
available, the purpose of which is to
preclude curtailment of job
opportunities.

Under the
policy Institution
No.12 promulgated
by the Minister of
Labor on April,
1976, Casual
Employees are
those perform
activities which are
not necessary or
desirable in the
usual trade or

businessof the employeer. The obligation of the of the employeer over the employees terminate as soon as the
contract expires.
Specific Project or Seasonal Employees are persons who perform work or services which are
seasonal in nature. It must be noted that there are two seasons in the hospitality industry, to wit: Peak Season
and Lean Season. Demands for workers in the hospitality industry increase during peak seasons (Example:
summer for beaches; Christmas vacation for December and January) and hit decrease during Lean Season.
Probationary Employees are those who are employed on a trial basis. A probationary employment
does not exceed six (6) months from the date the employee started working.
Regular Employees are persons who perform activities, which are necessary or desirable in the
business or trade of the employer. Any employee who has rendered at least one (1) year of service, whether such
service continuous or broken, will be considered a regular employee with respect to the activity in which je is
employed and his employment will continue while such activity exist.
Such 2b, Rule 1, Book III, Rules Implementing the Labor Code defines Managerial Employee as those
who meet the following conditions: 1. Their primary duty consist of the management of the establishment in
which they are employed or of a department or subdivision thereof; 2. They customarily and regularly direct the
work of two or more employees therein; and 3. They have the authority to hire or fire other employees of lower
rank. Their suggestions and recommendations as to the hiring and firing and promotions or other change of
status of other employees are given particular weight.
Domestic Servants however were defined by Sec 2d, Rule 1, Rules Implementing the Labor Code as
persons in the personal service of another who perform services in the employers home which are usually
necessary or desirable for the, maintenance employment thereof, or minister to the personal comfort,
convenience or safety of the employer as well as the members of his employers household.
Sec 27, Rule II, Book III, Rules Implementing the Labor Code defines Field Personal as non-agricultural
employees who regularly perform their duties away from principal place of business or branch office of the
employer and whose actual hours work in the field cannot be determined with reasonable certainty.