Law Summary
SECTION 1: Prohibition of Business Operations
- Legal Principle: This section mandates that no commercial, industrial, or agricultural enterprise, including all types of stores and shops, shall operate on specified holidays.
- Key Definitions:
- "Commercial, industrial or agricultural enterprise": All establishments engaged in economic activities.
- "Specified holidays": Sunday, Christmas Day, New Year’s Day, Holy Thursday, and Good Friday.
- Important Requirements:
- Closure period: From 12:00 midnight to 12:00 midnight on the listed holidays.
• No businesses allowed to operate during the specified times on these holidays.
SECTION 2: Construction and Public Works
- Legal Principle: No construction, repair, or public works shall be undertaken during the same holiday period.
• Prohibition applies to all building and public works activities during the specified holidays.
SECTION 3: Exceptions to Prohibition
Legal Principle: Certain establishments and activities are exempt from the prohibitions outlined in Sections 1 and 2.
Key Definitions:
- "Establishments": Hospitals, clinics, drug stores, public utilities, and others as listed.
Important Requirements:
- Specific activities such as embalming, burial, domestic service, and emergency services are allowed.
- Restrictions apply to cockfighting, Jai Alai games, and horse racing on Holy Thursday and Good Friday.
• Exemptions include health services, utilities, and emergency services but restrict entertainment activities on specific holidays.
SECTION 4: Authority of the Secretary of Labor
- Legal Principle: The Secretary of Labor may expand exemptions for work that is indispensable and cannot be delayed.
• Appeals regarding the Secretary's decisions can be made to the President of the Philippines.
SECTION 5: Emergency Permits
Legal Principle: In emergencies, local authorities may issue permits allowing work on prohibited holidays.
Key Definitions:
- "Municipal or city mayor": Local government official authorized to grant permits.
Important Procedures:
- Written permits must be issued and shared with local police and treasury within five days.
• Local authorities can grant emergency work permits with stipulated notification procedures.
SECTION 6: Employee Compensation Protection
- Legal Principle: Employers cannot reduce employee compensation due to the Act’s provisions.
• Ensures that employees are protected from pay cuts related to holiday work restrictions.
SECTION 7: Rulemaking Authority
- Legal Principle: The Secretary of Labor is tasked with creating necessary regulations to implement the Act.
• Allows for the establishment of operational guidelines to enforce the Act.
SECTION 8: Penalties for Violations
- Legal Principle: Violations of the Act or its regulations incur fines or imprisonment.
- Penalties:
- Fines: Up to one hundred pesos.
- Imprisonment: Up to one month.
- Liabilities:
- Corporate violations hold managers accountable; government corporations may also be liable unless proven otherwise.
- Aliens committing repeated violations face deportation.
• Clear penalties and liabilities are outlined for non-compliance with the Act.
SECTION 9: Continuation of Other Laws
- Legal Principle: All laws regarding cockfighting, horse racing, Jai Alai, and motion picture exhibitions remain in effect except where specified by this Act.
• This section maintains the legality of other laws unrelated to the holiday work prohibitions.
SECTION 10: Effectivity
- Legal Principle: The Act becomes effective ninety days post-approval.
• Effective date: September 20, 1953.
Key Takeaways
- Republic Act No. 946 prohibits labor on specific holidays to promote rest and observance of these days.
- Certain essential services and emergency work are exempt from this prohibition.
- Employers are prohibited from reducing employee compensation due to this law.
- Violations carry significant penalties, including fines and potential deportation for repeat offenders.
- The Act maintains the validity of other existing laws regarding specific entertainment activities.