DOLE-BLR: Conditions of Employment

DOLE-Bureau of Labor Relations

BOOK THREE
CONDITIONS OF EMPLOYMENT
Title I
WORKING CONDITIONS AND REST PERIODS
Chapter I
HOURS OF WORK

Art. 82. Coverage. The provisions of this Title shall apply to employees in all 
establishments and undertakings whether for profit or not, but not to government 
employees, managerial employees, field personnel, members of the family of the 
employer who are dependent on him for support, domestic helpers, persons in the 
personal service of another, and workers who are paid by results as determined 
by the Secretary of Labor in appropriate regulations.

As used herein, “managerial employees” refer to those whose primary duty consists 
of the management of the establishment in which they are employed or of a 
department or subdivision thereof, and to other officers or members of the 
managerial staff.

“Field personnel” shall refer to non-agricultural employees who regularly perform 
their duties away from the principal place of business or branch office of the 
employer and whose actual hours of work in the field cannot be determined with 
reasonable certainty.

Art. 83. Normal hours of work. The normal hours of work of any employee shall not 
exceed eight (8) hours a day.
Health personnel in cities and municipalities with a population of at least one 
million (1,000,000) or in hospitals and clinics with a bed capacity of at least 
one hundred (100) shall hold regular office hours for eight (8) hours a day, for 
five (5) days a week, exclusive of time for meals, except where the exigencies 
of the service require that such personnel work for six (6) days or forty-eight 
(48) hours, in which case, they shall be entitled to an additional compensation 
of at least thirty percent (30%) of their regular wage for work on the sixth day. 
For purposes of this Article, “health personnel” shall include resident physicians, 
nurses, nutritionists, dietitians, pharmacists, social workers, laboratory 
technicians, paramedical technicians, psychologists, midwives, attendants and all 
other hospital or clinic personnel.

Art. 84. Hours worked. Hours worked shall include (a) all time during which an 
employee is required to be on duty or to be at a prescribed workplace; and 
(b) all time during which an employee is suffered or permitted to work.
Rest periods of short duration during working hours shall be counted as hours worked.

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Note:
The normal hours of work should not exceed eight hours a day. Unless 
there is a valid compressed work week arrangement, an employee who 
renders work in excess of eight hours a day is entitled to overtime
pay equivalent to the applicable wage rate plus at least 25 percent 
thereof. The overtime rate will vary if the overtime work is rendered 
on a rest day, regular holiday or special day or during the period 
between 10 p.m. and 6 a.m. of the following day. However, certain 
classes of employees (called “exempt employees” in this publication) 
are not entitled to such overtime pay, namely:
• government employees;
• managerial employees and officers or members of the managerial 
  staff;
• field personnel;
• members of the family of the employer who are dependent on him for 
  support;
• domestic helpers and persons in the personal service of another; and
• employees who are paid by results, as determined by the Secretary 
of the Philippine Department of Labor and Employment (DOLE) in 
appropriate regulations.

Entitlement of employees to overtime pay depends on the nature of 
their duties and responsibilities. If the employees’ duties and 
responsibilities do not qualify them as exempt employees, they are 
entitled to overtime pay. Conversely, should these employees’ duties 
and responsibilities qualify them as exempt employees, they are not 
entitled to overtime pay.
Furthermore, employers may not require employees to perform overtime 
work except in certain cases and provided appropriate compensation is 
paid. In practice, they ask employees to sign employment contracts 
where the employees agree to perform overtime work.

Guide to Philippine Employment Law:
An Overview of Employment Laws for the Private Sector

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