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.

Scope and Coverage

  • Applies to all persons employed in any industry or occupation, whether public or private.
  • Excludes farm laborers, those preferring piece work payment, domestic servants, personal service workers, and family members working for the employer.

Overtime Work and Emergencies

  • Work beyond eight hours per day is permitted only under particular circumstances:
    • Actual or impending emergencies such as serious accidents, fire, flood, typhoon, earthquake, epidemics, or other disasters to prevent loss of life or property or danger to public safety.
    • Urgent repairs on machines, equipment, or installations to avoid serious loss to the employer.
    • Other just causes of a similar nature.
  • Overtime work must be compensated at least at the regular wage rate plus 25% additional.
  • The government may regulate wages and operations during national emergencies.

Work on Sundays and Legal Holidays

  • Employers shall not compel employees to work on Sundays and legal holidays unless:
    • The employee is paid an additional 25% of their regular remuneration.
  • Exception granted to public utilities (gas, electricity, water, transportation, communication) performing essential public services.

Exemptions and Conditions

  • The Secretary of Labor may grant exemptions from the eight-hour rule in sections 2 and 3:
    • Exemptions allowed in the interest of the public or justified by nature of work, labor shortage, or other exceptional circumstances.
    • Employees working beyond eight hours under exemption must receive at least 25% additional pay.

Nullity of Contradictory Agreements

  • Any contract or agreement between employer and employee contravening the Act is void from the outset (null and void ab initio).

Penalties for Violation

  • Employers or supervisors violating this Act are subject to:
    • A fine not exceeding 1,000 pesos.
    • Imprisonment for up to one year.
    • Or both fine and imprisonment.

Repeal of Previous Laws

  • Acts No. 4123 and No. 4242 of the former Philippine Legislature are repealed.

Effectivity

  • The Act took effect immediately upon approval on June 3, 1939.

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