a. Children (RA 9231) "Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act, as amended: "(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day; "(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week; "(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day." b. Teaching or academic personnel DepEd Order No. 88, s. 2010 Sec. 93. Regular Hours and Teaching Hours. The regular hours of work of school personnel in all private schools shall not exceed eight hours a day. The Normal teaching hours in the different levels of instruction shall be issued through regulation by the Secretary on the basis of course requirements and the maximum load of teaching personnel. Sec. 94. Hours Worked. Hours worked in private schools shall include:
a. All time during which a school
personnel is required to be on duty or to be at a prescribed workplace or assignment; or b. All time during which he is suffered or permitted to work Rest periods of short duration during the working hours of each day shall be counted as hours worked. CHED Memorandum Circular No. 40, s. 2008 Sec. 120. Normal Hours of Work: Academic Teaching Personnel Overload. In accordance with Art. 83 of the Labor Code of the Philippines, as amended, the normal hours of work of school personnel shall not exceed eight (8) hours a day. Any work done in addition to the eight (8) hours daily work shall constitute overtime work. The normal hours of work of teaching or academic personnel shall be based on their normal regular teaching loads. Such normal or regular teaching loads shall be based in accordance with the policies, rules and standards prescribed by the Commission. Any teaching load in excess of the normal or regular teaching load shall be considered as overload. Overload partakes of the nature of temporary extra assignment and compensation therefore shall be considered as an overload honorarium if performed within the 8-hour work period and does not form part of the regular or basic pay. Overload performed beyond the eight-hour daily work is overtime work. As used herein, term regular or basic pay means all remuneration or earnings paid by the institution to its personnel for services rendered on normal working days and hours but does not include cost of living allowances, profit sharing payments, premium payments, honoraria, 13th month pay or other monetary benefits which are not
considered as part of or integrated into
the regular wage/salary of school personnel. Overload is essentially a temporary arrangement resorted to when there is no faculty available to teach the subject/course as part of his/her regular teaching load. c. House helper Art. 1695, Civil Code House helper shall not be required to work more than 10 hours a day. Every house helper shall be allowed four days vacation each month, with pay. Keeping of Time Records (Omnibus Rules Implementing Book III, Rule X) SECTION 7. Time records. Every employer shall keep an individual time record of all his employees bearing the signature or thumbmark of the employee concerned for each daily entry therein by means of any of the following methods: (a) Through the use of bundy clock by means of which an employee can punch in his individual card the time of arrival and departure from work; (b) Through the employment of a timekeeper whose duty is to time in and out every employee in a record book; and (c) By furnishing the employees individually with a daily time record form in which they can note the time of their respective arrival and departure from work. SECTION 9. Time records of executives. Managerial employees, officers or members of the managerial staff, as well as non-agricultural field personnel, need not be required to keep individual time records, provided that a record of their daily attendance is kept and maintained by the employer.
SECTION 10. Records of workers
paid by results. Where the employees are paid on piece, pakiao, takay, task, commission or other nontime basis, the employer shall keep production records showing their daily output, gross earnings and the actual number of working hours spent by the employees on the job, bearing the signature or thumbmark of the employee concerned. Where, however, the minimum output rates of non-time workers have been fixed by the Department of Labor and Employment or through certified collective agreements, or are in compliance with the standards prescribed in Section 8, Rule VII of this Book, the employer may dispense with the keeping of time records, except the daily production records showing their output or the work accomplished and gross earnings.
Workweek: Normal and Compressed
DOLE Dept. Advisory No. 2 s. 2004 a CWW [Compressed Workweek] 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. Conditions: 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 labor-management 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: 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 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 (6) minutes. Nothing herein shall impair the right of employees to rest days as well
as to holiday pay, rest day pay 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. Flexible Work Arrangements (DOLE Dept. Advisory No. 2 s. 2009) 1. Compressed Workweek the normal workweek is reduced to less than 6 days but the total number of work-hours of 48 hours per week shall remain. The normal workday is increased to more than eight hours but not to exceed twelve hours, without corresponding overtime premium. 2. Reduction of workdays the normal workdays per week are reduced but should not last for more than six months. 3. Rotation of workers the employees are rotated or alternately provided work within the workweek. 4. Forced leave employees are required to go on leave for several days or weeks utilizing their leave credits if there are any. 5. Broken-time schedule the work schedule is not continuous but the work-hours within the day or week remain. 6. Flexi-holidays schedule
employees agree to avail the
holidays at some other days
provided there is no diminution of
existing benefits as a result of such arrangement. Prior to implementation, the employer shall notify the Department, through the Regional Office having jurisdiction over the workplace, of the adoption of any of the above flexible work arrangements. The notice shall be in Report Form attached to this advisory. The Regional Office shall conduct an ocular visit to validate whether the adoption of the flexible work arrangements is in accordance with this issuance. 2010 DOLE BWC Handbook on Workers Statutory Monetary Benefits D. Monthly-Paid Employees Daily-Paid Employees
and
Monthly-paid employees are those who
are paid every day of the month, including unworked rest days, special days, and regular holidays. Daily-paid employees are those who are paid on the days they actually worked and on unworked regular holidays. E. Computation of the Estimated Equivalent Monthly Rate (EEMR) of Monthly-Paid and Daily-Paid Employees For monthly-paid employees: Factor 365 days in a year is used in determining the equivalent annual and monthly salary of monthly-paid employees. To compute their Estimated Equivalent Monthly Rate (EEMR), the procedure is as follows: Applicable Daily Rate x 365 = EEMR 12 where 365 days/year =
299 ordinary working days
52 rest days 11 regular holidays 3 special days For daily-paid employees: The following factors and formula may be used in computing the EEMR of different groups of daily-paid employees for purposes of entitlement to minimum wages and allied benefits under existing laws. 1. For those who are required to work everyday, including Sundays or rest days, special days, and regular holidays Applicable Daily Rate x 392.5 = EEMR 12 where 392.5 days/year = 299 ordinary working days 22 11 regular holidays x 200% 67.6 52 rest days x 130% 3.9 three special days x 130% 2. For those who do not work and are not considered paid on Sundays or rest days Applicable Daily Rate x 313 = EEMR 12 where 313 days/year = 299 ordinary working days 11 regular holidays 3 special days (if considered paid; if actually worked, this is equivalent to 3.9 days)
3. For those who do not work and are
not considered paid on Saturdays and Sundays or rest days Applicable Daily Rate x 261 = EEMR 12 where 262 days/year = 247 ordinary working days
11 regular holidays 3 special days (if considered paid; if actually worked, this is equivalent to 3.9 days)