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.