This is for my own reference as how I interpret as I read it. I am having issues with my work as the Client is too pushy on requiring a mandatory overtime, extending to our Rest Days. I mean, what the heck!!!
Anyway, I will just jot the details I need here. Well, if you need some reference on important sections of our Labor Code, I will just list it below. Hope it will be helpful to you, as well as mine.
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Book 3 of the Labor Code of the Philippines states that:
A. The normal hours of work of any employee shall not exceed 8 hours a day (Article 83, Chap. 1).
B. Work may be performed beyond 8 hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least 25% thereof. Work performed beyond 8 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 (Art. 87, Chap. 1)
C. Any employee may be required by the employer to perform overtime work in any of the following cases:
1. When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;
2. 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;
3. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;
4. When the work is necessary to prevent loss or damage to perishable goods; and
5. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. (Art. 89, Chap. 1)
D. 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 24 consecutive hours after every 6 consecutive normal work days. (Art. 91, Chap. 2)
E. The employer may require his employees to work on any day:
1. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety;
2. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer;
3. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;
4. To prevent loss or damage to perishable goods;
5. Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and
6. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment. (Art. 92, Chap. 2)
...any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine of not less than One Thousand Pesos (P1,000.00) nor more than Ten Thousand Pesos (P10,000.00) or imprisonment of not less than three months nor more than three years, or both such fine and imprisonment at the discretion of the court. (Art. 288, Title 1, Book 7)All working individuals must be very equipped with their rights and they should be compensated fairly and they must not be forced to work on times when it doesn't necessary needed.
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