Article 83 of the Labor Code: Normal hours of work: eight hours a day
Status: In force
What does Article 83 say?
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, dieticians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 83 of the Labor Code sets the normal workday: no more than eight hours a day. Work beyond eight hours is overtime and is paid with a premium. The article also has a special rule for health personnel in large cities and large hospitals: eight hours a day, five days a week, with extra pay for a sixth day.
The article keeps the same number after the 2015 renumbering of the Labor Code. The renumbering under Republic Act No. 10151 starts in a later part of Book Three, and the DOLE renumbered edition prints the article as Article 83.
How does it work in real life?
Liza: an office worker
Liza works from 8 am to 5 pm with a one-hour lunch break. Her paid hours are eight. If her supervisor asks her to stay until 7 pm, the two extra hours are overtime under Article 87.
Ramon: a nurse in a big hospital
Ramon is a nurse in a hospital with 200 beds. Under the second paragraph of Article 83, his regular office hours are eight hours a day, five days a week. If the needs of the service require him to work a sixth day, he gets an additional compensation of at least 30% of his regular wage for that sixth day.
Grace: a store manager
Grace manages a branch, directs its staff and recommends who is hired and fired. If she meets the conditions for a managerial employee, Article 83 and the overtime rules do not cover her.
What does this mean in practice?
- The eight hours are a limit on normal hours, not a guarantee of eight hours of pay. A part-time worker may agree to fewer hours.
- Overtime pay is in Article 87, night work pay in Article 86, and rest day and special holiday pay in Article 93. For the rates side by side, see the premium pay rates table, and for amounts the overtime pay calculator.
- The implementing rules for hospital workers (Book III, Rule I-A of the 1989 text) speak of 40 hours a week. Whether later DOLE rules changed them is not covered here.
- When an employee may be required to work beyond eight hours is explained in Can your employer require overtime?
- A better schedule in a contract, a collective bargaining agreement or a long company practice may be protected under Article 100.
- Unpaid overtime is a money claim, filed within three years. See how to file a labor complaint and Free legal help in the Philippines.
What does Article 83 say?
The first paragraph is the general rule:
The normal hours of work of any employee shall not exceed eight (8) hours a day.
The second paragraph is about health personnel:
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.
The same paragraph says "health personnel" include resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory and paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
What counts as hours worked?
Article 84, the next article, says hours worked include all time when the employee is required to be on duty or at a prescribed workplace, and all time when the employee is "suffered or permitted to work". Short rest periods during working hours count as hours worked.
The implementing rules of the Labor Code (1989 text on the Supreme Court E-Library), Book III, Rule I, add details. For example, waiting time counts as work if waiting is part of the job or the employer requires it. Lectures, meetings and trainings do not count only if attendance is outside regular hours, truly voluntary, and the employee does no productive work.
Is the meal break part of the eight hours?
As a rule, no. In Bonpack Corporation v. Nagkakaisang Manggagawa sa Bonpack (2022), the Supreme Court read Article 83 together with Article 85 on meal periods. It said the compensable eight hours of work do not include the 60 minutes off for regular meals, so the one-hour meal break is not paid. A shorter meal break, allowed only in some cases, is paid as work time. See Are meal breaks paid?
When does work become overtime?
When it goes beyond eight hours in a day. In Coca-Cola Bottlers v. Iloilo Coca-Cola Plant Employees Labor Union (2018), the Supreme Court quoted Articles 83 and 87 and said "overtime work is work exceeding eight hours within the worker's 24-hour workday." Work on a Saturday that stays inside the normal hours is not overtime. The pay for overtime is in Article 87.
Who is not covered?
Article 83 is in Book Three, Title I of the Labor Code. Article 82 says this title does not apply to government employees, managerial employees, field personnel, members of the employer's family who depend on him for support, domestic helpers, persons in the personal service of another, and workers paid by results as set by the Secretary of Labor. The implementing rules define managerial employees and field personnel in more detail. Household workers have their own law, Republic Act No. 10361 (Batas Kasambahay): see kasambahay rights.
Frequently asked questions
How many hours is a normal workday under the Labor Code?
Eight hours. Article 83 says the normal hours of work of any employee shall not exceed eight hours a day. Work beyond eight hours is overtime and is paid with a premium under Article 87.
Is the lunch break part of the eight hours?
As a rule, no. In Bonpack Corporation v. Nagkakaisang Manggagawa sa Bonpack (2022), the Supreme Court said the one-hour meal break is not part of the normal working hours and is not compensable. A shorter meal break allowed by the implementing rules is paid.
Is work on a Saturday overtime?
Not by itself. In Coca-Cola Bottlers v. Iloilo Coca-Cola Plant Employees Labor Union (2018), the Supreme Court said overtime is work exceeding eight hours within the worker's 24-hour workday. Work inside the normal hours on a Saturday is not overtime.
What is the special rule for hospital workers?
The second paragraph of Article 83 covers health personnel in cities and municipalities with at least one million people, or in hospitals and clinics with at least 100 beds. They work eight hours a day, five days a week. If they must work a sixth day, they get at least 30% of their regular wage on top for that day.
Does Article 83 cover managers?
No. The title of the Labor Code on working conditions, which includes Article 83, does not apply to government employees, managerial employees, field personnel, dependent family members of the employer, domestic helpers, persons in the personal service of another, and some workers paid by results.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?