Book III — Conditions of Employment
Article 92When employer may require work on a rest day.
ELI5— what this means for you
Your employer may require you to work on your rest day when there is an urgent need — natural disasters, preventing loss of perishable goods, urgent repairs, or abnormal work pressure that can't wait. But rest-day work pay (30% premium) still applies.
Key point
Forced to work on your rest day even in an emergency? The +30% premium still applies.
Official text — PD 442
When employer may 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.
Source: lawphil.net (PD 442 as amended)
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Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.