Question & AnswerQ&A (Acts No. 4123)
The legal working day shall be not more than eight hours daily for such laborers, excluding rest periods when the work is not continuous.
It applies to stokers and laborers exposed to heat in foundries, those exposed to deleterious agents, those using or handling explosives or harmful substances, laborers in quarries, mines or underground work, operators of dangerous machinery, workers with heavy metals in foundries, and those loading and discharging ships or working in warehouses.
The Commissioner of Labor, with advice from two representatives of employees and two representatives of employers, has this authority upon request.
The number of working hours shall not exceed twelve hours daily or seventy-two hours weekly under any circumstances.
They must submit an application to the Commissioner of Labor stating their reasons. The Commissioner will then call a meeting of employers and laborers and conduct an investigation before making a decision.
Laborers may work overtime due to fortuitous causes, unforeseen delays, or other just causes. They are entitled to their regular wage plus at least 20% additional payment, except if they intentionally caused the cause for overtime.
Yes, such hours lost may be recuperated as overtime on other days with payment at the ordinary rate without extra percentage.
Yes, overtime work is allowed without penalty in unusual emergencies such as serious accidents, fires, floods, typhoons, earthquakes, or other disasters to prevent or remedy serious damage.
Violators may be fined up to one hundred pesos, imprisoned for up to ten days, or both, at the court's discretion. Supervisory personnel causing violations are also liable.
The Committee, chaired by the Commissioner of Labor, surveys labor conditions, evaluates the application of legal labor hours to other workers, and submits a report with conclusions and recommendations to the Governor-General and Legislature.