7. Rest Periods

Considered as Compensable Hours Worked

• All time during which an employee is required to be on duty or to be at the employer’s premises or to be at a prescribed work place;
• All time during which an employee is suffered or permitted to work; (IRR Labor Code, Book III, Rule I, Sec. 3) and
• Rest periods of short duration during working hours. (Philippine Airlines v. NLRC, G.R. No. 132805, 1999).

Who Determines Weekly Rest Days

The employer determines and schedules the weekly rest period subject to the following:

• Collective Bargaining Agreement;
• Rules and regulations issued by the Secretary of Labor; and
• Employee’s preference based on religious grounds

Preference of employee – The preference of the employee as to his weekly day of rest shall be respected by the employer if the same is based on religious grounds. (Labor Code, Art. 91)

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. (IRR Labor Code, Sec. 4, Rule III, Book III) Exception: Where, 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 and the employer cannot normally be expected to resort to other remedial measures, the employer may schedule the weekly rest day of his choice for at least two (2) days in a month. (IRR Labor Code, Sec. 4, Rule III, Book III)

Schedule of Rest Day

• Where the weekly rest is given to all employees simultaneously – the employer shall make known such rest period by means of a written notice posted conspicuously in the work place at least one week before it becomes effective
• Where the rest period is not granted to all employees simultaneously and collectively – the employer shall make known to the employees their respective schedules of weekly rest through written notices posted conspicuously in the work place at least one week before they become effective

Employer May Require Work on Rest Day

General Rule: The employer may not require the employees to work on a rest day