Article 91 of the Labor Code: Right to a weekly rest day
Status: In force
What does Article 91 say?
(a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.
(b) The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 91 of the Labor Code gives every employee a weekly rest day: at least 24 consecutive hours of rest after every six consecutive normal work days. The employer schedules the rest day, subject to the collective bargaining agreement and DOLE rules. When an employee prefers a rest day for religious reasons, the employer must respect it.
The article keeps the same number after the 2015 renumbering of the Labor Code, as the DOLE renumbered edition shows. Its wording comes from Presidential Decree No. 850 (1975), with the numbers now written in words and figures.
How does it work in real life?
Gina: a six-day work week
Gina works Monday to Saturday. Her employer schedules Sunday as her rest day, giving her 24 consecutive hours of rest after six work days. This meets Article 91.
Samuel: a religious rest day
Samuel's employer schedules rest days on Sundays, but Samuel observes Saturday as a day of worship. Article 91(b) says the employer shall respect a preference based on religious grounds. Under the implementing rules, he tells the employer in writing at least seven days before he wants the Saturday rest day to begin.
Mylene: a mall worker
Mylene works in a mall that is open every day. Her rest day is Wednesday. Sunday is an ordinary workday for her, and she gets no rest day premium for working on Sunday, because her established rest day is Wednesday.
What does this mean in practice?
- Rest day and holiday premiums: see Article 93, the premium pay rates table and the holiday pay calculator.
- Article 91 is in Book Three, Title I, so it does not cover the groups excluded by Article 82, such as managerial employees and field personnel. Household workers have their own rest rules under Republic Act No. 10361: see kasambahay rights.
- The implementing rules quoted here are the 1989 text on the Supreme Court E-Library. Whether later DOLE rules changed them is not covered here.
- More on this topic: Can you be made to work on your rest day?
- Unpaid rest day premiums are a money claim, filed within three years. See how long you have to file a labor money claim and Free legal help in the Philippines.
What does Article 91 say?
Paragraph (a) is the right to rest:
(a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.
Paragraph (b) says who chooses the day:
(b) The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.
What do the implementing rules add?
The implementing rules of the Labor Code (1989 text on the Supreme Court E-Library), Book III, Rule III, add these points:
- The rest period. Section 3 repeats the rule: not less than 24 consecutive hours of rest after every six consecutive normal work days.
- Religious preference. Under Section 4, the employee makes the preference known to the employer in writing at least seven days before the desired rest day is to take effect.
- Notice of the schedule. Section 5 requires a written notice of the rest day schedule, posted conspicuously in the workplace at least one week before it becomes effective.
- Pay for rest day work. Section 7 sets a premium of at least 30% for work on the rest day. The same rate appears in Article 93.
Can the employer require work on the rest day?
Only in the cases listed in Article 92, such as emergencies, urgent work on machinery, abnormal pressure of work, perishable goods and continuous operations. The implementing rules say that outside those cases no employee may be required against his will to work on his scheduled rest day. An employee who volunteers to work on the rest day in other cases expresses that wish in writing, and the premium still applies.
Frequently asked questions
How many rest days does an employee get under the Labor Code?
Article 91(a) says every employer must give each employee a rest period of not less than twenty-four consecutive hours after every six consecutive normal work days.
Who decides which day is my rest day?
Article 91(b) says the employer determines and schedules the weekly rest day, subject to the collective bargaining agreement and to the rules of the Secretary of Labor and Employment.
Can I ask for Sunday or Saturday as my rest day for religious reasons?
Yes. Article 91(b) says the employer shall respect the employees' preference as to their weekly rest day when it is based on religious grounds. The 1989 implementing rules say the employee makes the preference known in writing at least seven days before the desired rest day takes effect.
Is the rest day always Sunday?
No. The law requires 24 consecutive hours of rest after six work days, not a particular day. Under Article 93, extra pay for Sunday work is due only when Sunday is the employee's established rest day.
Is rest day work paid extra?
Yes. Article 93 says work on the scheduled rest day is paid an additional compensation of at least 30% of the regular wage.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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