Rest Day Pay Policy in the Philippines

Rest Days are provided and mandated by the Labor Code of the Philippines.

The Department of Labor and Employment is in charge with the administration and enforcement policy for rest days and other provisions mandated by Presidential Decree No. 442 of 1974, also known as the Labor Code of the Philippines

Table of Contents

Defining Rest Days

What is a Rest Day in the Philippines?

Rest Day is defined in Article 91 (a), Chapter II, Book Three of the Labor Code of the Philippines as not less than 24 consecutive hours after every 6 consecutive normal work days.

Scheduling of Rest Days

How many rest days per week is given?

The Labor Code of the Philippines mandates that there should be a period of not less than 24 consecutive hours after 6 consecutive work days.

Does an employer determine the Rest Days of employees?

As stated in Article 91 (b), Chapter I, Title I, Book Three of the Labor Code of the Philippines, the employer shall determine and schedule the weekly rest day of employees subject to collective bargaining agreement.

Can the employee influence the schedule of the Rest Days?

The scheduling of the Rest Day is primarily under the management prerogative of the employer. An employee's weekly rest day preference may influence the scheduling of the Rest Day through collective bargaining agreement or due to religious grounds as stated in Article 91 (b), Chapter I, Title I, Book Three of the Labor Code of the Philippines.

As stated in in Section 4, Rule III, Book Three of the Implementing Rules and Regulations of the Labor Code of the Philippines however, if it is on religious grounds, the employee is required to inform the employer through writing at least seven (7) days before the effectivity of the initial rest day.

Should the scheduling of the Rest Day be prejudice to the operations and there are no other measures available, the rules give the employer the option to schedule at least 2 rest days of the employee in a month.

Notice Period of Rest Day schedule

Same Weekly Rest Day of all Employees

As stated in in Section 5, Rule III, Book Three of the Implementing Rules and Regulations of the Labor Code of the Philippines, the employee shall inform all employees through a written notice posted conspicuously in the work place at least one week before the effectivity

Individual Rest Days

As stated in in Section 5 (b), Rule III, Book Three of the Implementing Rules and Regulations of the Labor Code of the Philippines, the employer that inform the individual schedules of employees the weekly Rest Day through written notices posted conspicuously in the work place at least one week before the effectivity.

Working on a Rest Day

Can the employer require an employee to work on their Rest Day?

Article 92, Chapter II, Title I, Book Three of the Labor Code of the Philippines and further expanded by Section 6, Rule III, Book Three of the Implementing Rules and Regulation of the aforementioned Code states that an employee may require an employee to work on a scheduled Rest Day due to the following emergencies and exceptional conditions:

(a) In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety;
(b) In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer;
(c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;
(d) To prevent loss or damage to perishable goods;
(e) Where the nature of the work is such that the employees have to work continuously for seven (7) days in a week or more, as in the case of the crew members of a vessel to complete a voyage and in other similar cases; and
(f) When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.

An employee shall not be required to work against their will on their scheduled Rest Day with the exception of the abovementioned circumstances.

Can an employee volunteer to work on their Rest Day?

As stated in Section 6, Rule III, Book Three of the Implementing Rules and Regulation of the Labor Code of the Philippines, an employee may volunteer to work on their Rest Day for reasons not included in the exceptional circumstances aforementioned. Provided however, that the employee puts it in writing and also receive premium pay.

This aspect is still for the approval of the employer,

Do employees that worked on Sunday receive additional compensation?

Employees that report for work on Sunday will only receive additional compensation if the day is a scheduled Rest Day.

Employees with no regular Rest Day and Work Schedule

As stated in Article 93 (b), if an employee does not have a regularly scheduled workday or Rest Day, the employee is paid an additional 30% of their regular wage for work performed on Sundays and Holidays.

Rest Day Pay computation

Ordinary Day

Work on Rest Day

Do employees receive additional compensation for working on their scheduled Rest Day? As stated in Article 93, Chapter II, Title I, Book Three of the Labor Code of the Philippines, an employee that is permitted to work on their scheduled Rest Day to receive an additional compensation of at least 30% of their regular wage.