Labor Code Implementing Rules and Regulations, Book III

Article 82 Rule I

Hours of Work

Rule II

Night Shift Differential

Rule III

Weekly Rest Periods

Rule IV

Holidays with Pay

Rule V

Service Incentive Leave

Rule VI

Service Charges

The provisions of this title shall apply to employees in all establishments and undertakings whether for profit or not, but not to:

This Rule shall apply to all employers whether operating for profit or not, including public utilities operated by private persons.

This rule shall apply to all employees of covered employers, regardless of their positions, designations or employment status, and irrespective of the method by which their wages are paid except to managerial employees.

Government employees Government employees whether employed by the National Government or any of its political subdivision, including those employed in government-owned and/or controlled corporations (a)

Employees of the government and any of its political subdivisions, including government-owned and/or controlled corporations. (a)

Employees of the government and any of its political subdivisions, including government-owned and controlled corporations. (a)

Employees of the government and any of its political subdivisions, including government-owned and controlled corporations. (a)

Managerial employees I. Managerial employees, if they meet all of the following conditions, namely:

(1) Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof.

(2) They customarily and regularly direct the work of two or more employees therein;

(3) They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change

Managerial employees as defined in Book Three of this Code. (d)

Managerial employees as defined in Book Three of this Code. (d)

Managerial employees as defined in Book Three of this Code. (d)

As used herein, a "managerial employee" shall mean one who is vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees or to effectively recommend such managerial actions. All employees not falling within this definition shall be considered rank-and-file employees.

Labor Code Implementing Rules and Regulations, Book III

Article 82 Rule I

Hours of Work

Rule II

Night Shift Differential

Rule III

Weekly Rest Periods

Rule IV

Holidays with Pay

Rule V

Service Incentive Leave

Rule VI

Service Charges

of status of other employees, are given particular weight. (b)

II. Officers or members of a managerial staff if they perform the following duties and responsibilities:

(1) The primary duty consists of the performance of work directly related to management policies of their employer;

(2) Customarily and regularly exercise discretion and independent judgment; and

(3) (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute under general supervision special assignments and tasks; and

(4) Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above. (c)

Labor Code Implementing Rules and Regulations, Book III

Article 82 Rule I

Hours of Work

Rule II

Night Shift Differential

Rule III

Weekly Rest Periods

Rule IV

Holidays with Pay

Rule V

Service Incentive Leave

Rule VI

Service Charges

Field personnel Non-agricultural field personnel if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. (f)

Field personnel and other employees whose time and performance is unsupervised by the employer. (e)

Field personnel and other employees whose time and performance is unsupervised by the employer. (e)

Field personnel and other employees whose performance is unsupervised by the employer. (d)

Members of the family of the employer who are dependent on him for support

Domestic helpers and persons in the personal service of another

Domestic servants and persons in the personal service of another if they perform such services in the employer's home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employer's household. (d)

Domestic helpers and persons in the personal service of another. (c)

Domestic helpers and persons in the personal service of another. (c)

Domestic helpers and persons in the personal service of another. (b)

Workers who are paid by results

Workers who are paid by results, including those who are paid on piece-work, "takay," "pakiao" or task basis, and other non-time work if their output rates are in accordance with the standards prescribed under Section 8, Rule VII, Book

Employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of

Employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of

Employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of

Labor Code Implementing Rules and Regulations, Book III

Article 82 Rule I

Hours of Work

Rule II

Night Shift Differential

Rule III

Weekly Rest Periods

Rule IV

Holidays with Pay

Rule V

Service Incentive Leave

Rule VI

Service Charges

Three of these regulations, or where such rates have been fixed by the Secretary of Labor and Employment in accordance with the aforesaid Section. (e)

the time consumed in the performance thereof. (e)

the time consumed in the performance thereof. Sec. 1(e)

Where a covered employee, is paid by results or output, such as payment on piece work, his holiday pay shall not be less than his average daily earnings for the last seven (7) actual working days preceding the regular holiday; Provided, However, that in no case shall the holiday pay be less than the applicable statutory minimum wage rate. Sec. 8(b)

the time consumed in the performance thereof. (e)

Those of retail and service establishments regularly employing not more than five (5) workers. (b)

Those of retail and service establishments regularly employing less than ten (10) workers. (b)

Those employed in establishments regularly employing less than ten employees. (g)

Those who are already enjoying the benefit herein provided; (e)

Those enjoying vacation leave with pay of at least five days. (f)