Scope and Coverage of the Act
- Covers laborers in specific hazardous or demanding roles, including:
- Stokers and workers exposed to high temperatures in foundries, forges, and boilers.
- Those exposed to deleterious substances or working under unhealthy conditions.
- Workers handling explosives or hazardous substances.
- Laborers in quarries, mines, and underground work.
- Operators of dangerous machinery where accidents may cause serious injury or death.
- Workers dealing with heavy metals in foundries and repair shops.
- Laborers involved in loading/unloading ships and warehouse work.
Adjustment of Working Hours
- The Commissioner of Labor, with advice from representatives of employees and laborers, may increase or decrease the working hours.
- Adjustments based on the nature of work, availability of skilled labor, conditions of work, or other exceptional circumstances.
- Working hours cannot exceed twelve hours daily or seventy-two hours weekly.
Application Procedure for Change in Hours
- Employers or laborers must apply to the Commissioner of Labor with reasons for change.
- Commissioner calls a meeting with employers and laborers to designate advisers.
- Investigation focuses first on human/humanitarian aspects, then economic aspects.
- Commissioner empowered to administer oaths, examine witnesses/documents, and issue subpoenas.
- Decisions by the Commissioner are subject to reconsideration.
Overtime Work and Compensation
- Overtime allowed in cases of unforeseen delay, fortuitous causes, serious loss avoidance, or similar just causes.
- Overtime wages must be paid at regular rate plus at least 20% additional.
- Excludes laborers responsible for causing accident or delay necessitating overtime.
Recuperation of Lost Work Hours
- Hours lost due to mutual agreement for celebrations/holidays may be recuperated as overtime on other days.
- Similar recuperation allowed for work interruptions caused by force majeure, sea/weather conditions, power interruptions, or raw material shortages, provided no fault of employer.
- Payment for recuperated hours is at ordinary wages without extra premium.
Emergency Overtime Work
- Overtime permissible during emergencies such as serious accidents, natural disasters, fire, or calamities.
- Purpose to prevent or remedy serious damage to life or property.
Transition Period and Extension of Time
- Employers needing more time to adjust labor conditions must apply before law takes effect.
- Commissioner may grant or deny extensions, and employer may file subsequent applications.
- During extension, employers are exempt from complying strictly with legal hours.
Applicability to Government and Contractors
- Law applies to labor under any government unit or government contractors/subcontractors.
Enforcement and Inspection
- The Commissioner of Labor or authorized representatives will inspect workplaces to ensure compliance.
- Authority to promulgate rules and regulations for implementing the Act.
Penalties for Violations
- Violations punishable by a fine up to 100 pesos, imprisonment up to 10 days, or both.
- Penalties apply to employers, laborers, enforcement officers causing or allowing violations, and those disobeying lawful orders.
- Supervisory officers in government works held liable for violations under their control.
Creation of a Labor Conditions Survey Committee
- Committee chaired by the Commissioner of Labor; members appointed by Governor-General.
- Members include employer and labor representatives, qualified physician, and social worker.
- Mandated to survey labor conditions and recommend if the Act should cover additional labor classes.
- Required to submit reports with findings and recommendations to the Governor-General and legislature.
Effectivity
- The Act took effect on March 1, 1934.