Rest Day
What is the duty of the employer with regards to rest day?
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. (Art. 91, par. 1, Labor Code)
Who shall determine the weekly rest day of the employees?
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 and Employment 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. (Art. 91, par. 2, Labor Code)
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. (Book 3, Rule 3, Sec. 4 of the Implementing Rules of the Labor Code of the Philippines).
What is the rule if the choice of the employee as to his rest day based based on religious grounds will inevitably result in serious prejudice to the employer?
Where, however, the choice of the employee as to his 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 his choice for at least two (2) days in a month. (Book 3, Rule 3, Sec. 4 of the Implementing Rules of the Labor Code of the Philippines).
What is the rule if the choice of the employee as to his rest day based based on religious grounds will inevitably result in serious prejudice to the employer?
Where, however, the choice of the employee as to his 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 his choice for at least two (2) days in a month. (Book 3, Rule 3, Sec. 4 of the Implementing Rules of the Labor Code of the Philippines).
When may an employer require work on a rest day?
The employer may require his employees to work on any day:
- 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;
- In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer;
- In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;
- To prevent loss or damage to perishable goods;
- 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
- Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment. (Art. 92, Labor Code)
How much is the pay for work on a rest day?
The compensation is the regular wage plus 30% thereof. (Art. 93, Labor Code)
How much is the pay for work on a Sunday?
The compensation is the regular wage unless Sunday happens to be the rest day of the employee. If Sunday is the rest day, the employee shall be entitled to the additional 30% pay. (Art. 93, Labor Code)
No comments