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- Acts No. 4123 and No. 4242 of the former Philippine Legislature are repealed.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