Title
Eight-Hour Workday Law
Law
Commonwealth Act No. 444
Decision Date
Jun 3, 1939
The Eight Hour Labor Law in the Philippines, enacted in 1939, regulates working hours, prohibits work on Sundays and legal holidays without additional compensation, and imposes penalties for violations.

Daily Hours Limit and Counting Rules

  • Section 1 requires employers to limit the legal working day to not more than eight hours daily for covered employees.
  • Section 1 excludes from working time the non-working interval in non-continuous work when the laborer can leave the place and rest completely.
  • Section 1 fixes the baseline for overtime entitlements under later sections by treating only counted working time as part of the eight-hour day.

Overtime Allowed in Emergency or Urgent Work

  • Section 3 permits work beyond eight hours only in cases of actual or impending emergencies caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity.
  • Section 3 allows overtime in emergencies to prevent loss of life and property or imminent danger to public safety.
  • Section 3 permits overtime for urgent work to be performed on the machine, equipment, or installations to avoid a serious loss the employer would otherwise suffer, or for some other just cause of a similar nature.
  • Section 3 requires that in all overtime cases, laborers and employees receive overtime compensation at the same rate as their regular wages or salary, plus at least twenty-five per centum additional (at least 25% additional).

National Emergency Government Wage and Rules

  • Section 3 empowers the Government, in case of national emergency, to establish rules and regulations for the operation of plants and factories.
  • Section 3 also empowers the Government, in case of national emergency, to determine the wages to be paid to laborers.

Sunday and Legal Holiday Work Restrictions

  • Section 4 prohibits any person, firm, corporation, business establishment, or labor center from compelling an employee to work during Sundays and legal holidays.
  • Section 4 requires that the additional sum for Sunday and legal holiday work be at least twenty-five per centum of the employee’s regular remuneration (at least 25% additional).
  • Section 4 provides an exception for public utilities performing some public service, including supplying gas, electricity, power, water, or providing means of transportation or communication.

Secretary of Labor Exemptions With Overtime Pay

  • Section 5 authorizes the Secretary of labor to grant exemptions from Sections 2 and 3 in the interest of the public.
  • Section 5 allows exemptions when the Secretary finds the exemption is justifiable because the organization or nature of the work requires it, or due to lack or insufficiency of competent laborers in a locality, or because relieving laborers must be done under certain conditions, or due to any other exceptional circumstances or conditions of the work or industry concerned.
  • Section 5 requires that when an exemption is granted, employees and laborers must be paid at least twenty-five per centum in addition to their regular salaries or wages for time in excess of eight hours.

Void Contracts Contrary to the Act

  • Section 6 provides that any agreement or contract between the employer and the laborer/employee contrary to this Act is null and void ab initio.

Penalties for Violations

  • Section 7 imposes criminal liability for any violation of the Act.
  • Section 7 covers the employer and any person having direct control and supervision of the work.
  • Section 7 sets the penalty as a fine of not more than one thousand pesos and/or imprisonment of not more than one year, or both.

Repeal and Effectivity

  • Section 8 repeals Acts Numbered Forty-one hundred and twenty-three and Forty-two hundred and forty-two of the former Philippine Legislature.
  • Section 9 provides that the Act takes effect upon its approval.
  • The Act was approved: June 3, 1939.

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