Rest Periods Flashcards
What does the ‘Right to Weekly Rest Day’ entail?
Every employer, whether operating for profit or not, shall give his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal workdays.
What is the schedule for weekly rest days?
Generally, the employer determines the schedule.
Unless,
1. There is a stipulation under the CBA; or
2. Preference of employees based on religious grounds.
How can an employee make known their preference of rest day based on religious grounds?
The employee shall make known his preference to the employer in writing at least seven (7) days before the desired effectivity of the initial rest day so preferred.
When can the employee’s preference of rest day based on religious grounds be overruled?
- When the choice of the employee as to his rest day based on religious grounds will inevitably result in serious prejudice or obstruction to the operations of the undertaking;
- When the employer cannot normally be expected to resort to other remedial measures, the employer may so schedule the weekly rest day of employee’s choice for at least two (2) days in a month.
Under what exceptional conditions may an employer require any of his employees to work on his scheduled rest day?
(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 or property, or in cases of force majeure or imminent danger to public safety;
(b) In case of urgent work to be performed on machineries, equipment or installations 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 serious loss of 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.
How much is the additional compensation for employee’s permitted to work on their scheduled rest day?
An employee who is made or permitted to work on his scheduled rest day shall be paid with an additional compensation of at least 30% of his regular wage.
