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Can an Employer Require His Employee to Work on His Rest Day?


Source: https://www.alburolaw.com/can-an-employer-require-his-employee-to-work-on-his-rest-day

loyees a weekly rest day. Labor Code provides that every employer must 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.

Rest day may not automatically be a Sunday. Establishments and enterprises may operate or open for business on Sundays or holidays, thus, employee’s rest day may not necessarily be a Sunday.  Generally, the employer determines and schedules the weekly rest day of his employee. However, this is subject to the following exceptions:

  1. Collective Bargaining Agreement;
  2. Rules and regulations as the Secretary of Labor and Employment provides; and
  3. Preference of employee based on religious grounds. 

The employer is mandated to respect the choice of his employee as to their rest day based on religion. But the employee must make known his preference in writing at least seven (7) days before the desired effectivity of the initial rest day so preferred. Despite employee’s preference, the employer may schedule the weekly rest day of his choice for at least 2 days in a month if the preference of the employee 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.

Employees are also entitled to know the schedule of their weekly rest days.  Accordingly, the employer must make known such rest period by means of a written notice posted conspicuously in the work place at least one week before it becomes effective.

Since rest day is a right of every employee, this does not however mean that the employer cannot demand from his employee to work on his rest day.  The employer may require his employee to work on rest day in the following instances:

  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.

 Employee may also volunteer to work on his rest day provided he shall express it in writing and he shall be paid additional compensation. Likewise, an employee who is made or permitted to work on his scheduled rest day shall be paid an additional compensation.

Below is a guide of the rates of compensation for work performed on rest days.

 Rates of Additional Compensation
Work on a scheduled rest day  + 30% premium pay of 100% regular wage
Work performed on Sundays and Holidays by an employee who has no regular workdays and rest days  + 30% premium pay of 100% regular wage
Work on a Sunday (If employee scheduled rest day)  + 30% premium pay of 100% regular wage
Work performed on a Special Holiday and same day is the scheduled rest day  1st 8 hrs: + 50% premium pay of 100% regular wage   Excess of 8 hrs:+ 30% of  hourly rate on said date

However, please note that not all employees who are made to work on their rest day are entitled to additional compensation.  The following employees are not covered:

Government employees whether employed by the National Government or any of its political subdivision, including those employed in government-owned and/or controlled corporations;b. Managerial employees, if they meet all of the following conditions:
  1. Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof.
  2. They customarily and regularly direct the work of two or more employees therein.
  3. They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight.
c. Officers or members of a managerial staff if they perform the following duties and responsibilities:
  1. The primary duty consists of the performance of work directly related to management policies of their employer;
  2. Customarily and regularly exercise discretion and independent judgment; and
  3. (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute, under general supervision, special assignments and tasks; and
  4. Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above
d. Domestic servants and persons in the personal service of another if they perform such services in the employer’s home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employer’s household.

e. Workers who are paid by results, including those who are paid on piece-work, “takay,” “pakiao” or task basis, and other non-time work if their output rates are in accordance with the standards prescribed under Section 8, Rule VII, Book Three of these regulations, or where such rates have been fixed by the Secretary of Labor and Employment in accordance with the aforesaid Section.

f. Non-agricultural field personnel if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.ALL RIGHTS RESERVED.
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