Article 92 of the Labor Code: When work on a rest day may be required
Status: In force
What does Article 92 say?
The employer may require his employees to work on any 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 and property, or imminent danger to public safety;
(b) In cases of urgent work to be performed on the machinery, equipment, or installation, 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 loss or damage to perishable goods;
(e) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and
(f) Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 92 of the Labor Code lists the cases when an employer may require an employee to work on any day, including the scheduled rest day: emergencies and calamities, urgent work on machinery, abnormal pressure of work, perishable goods, continuous operations, and similar cases set by the Secretary of Labor and Employment. Rest day work is paid with a premium of at least 30%.
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).
How does it work in real life?
Erwin: a flood at the plant
Erwin's rest day is Sunday. On Saturday night, floodwater enters the plant and threatens the machines. His employer calls him in on Sunday to help move equipment. This falls under paragraph (a): an actual emergency caused by a flood, to prevent loss of property. He may be required to work, and he is paid the rest day premium.
Lorna: a special rush order
Lorna's employer wins a large order and wants staff to work on their rest days for the whole month. A big order is not by itself one of the listed cases. Paragraph (c) speaks of abnormal pressure of work due to special circumstances where the employer cannot ordinarily be expected to resort to other measures. Whether this applies depends on the facts. If it does not, she may not be required against her will, but she may volunteer in writing.
Dante: a power plant operator
Dante works at a plant that must run without stopping, because a shutdown would damage the equipment. Paragraph (e) allows the employer to require work on any day where the work requires continuous operations and stopping may cause irreparable injury or loss. His rest day work is still paid with the premium.
What does this mean in practice?
- The right to a weekly rest day is in Article 91. Overtime on ordinary days follows a similar list in Article 89.
- Article 92 is in Book Three, Title I, so it does not cover the groups excluded by Article 82, such as managerial employees and field personnel.
- For amounts, use the holiday pay calculator and the overtime pay calculator.
- 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? For unpaid premiums, see how long you have to file a labor money claim and Free legal help in the Philippines.
What does Article 92 say?
The employer may require his employees to work on any 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 and property, or imminent danger to public safety;
(b) In cases of urgent work to be performed on the machinery, equipment, or installation, 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 loss or damage to perishable goods;
(e) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and
(f) Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.
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, Section 6, give a similar list. It includes two cases worth noting: work that by its nature must go on for seven days or more in a week, as with the crew of a vessel completing a voyage, and work needed to take advantage of favorable weather or environmental conditions when the performance or quality of the work depends on them.
The same section sets the limit: outside the listed circumstances, no employee shall be required against his will to work on his scheduled rest day. An employee who volunteers to work on the rest day under other circumstances expresses that wish in writing, and the rules on additional pay in Section 7 still apply.
How is rest day work paid?
Article 93 says an employee made or permitted to work on his scheduled rest day is paid an additional compensation of at least 30% of the regular wage. Hours beyond eight on a rest day are overtime under Article 87: the rest day rate plus at least 30% of it. The premium pay rates table shows the rates side by side.
Frequently asked questions
Can my employer require me to work on my rest day?
Only in the cases in Article 92: emergencies and calamities, urgent work on machinery, abnormal pressure of work, perishable goods, continuous operations, and similar cases set by the Secretary of Labor and Employment. The 1989 implementing rules say no employee shall be required against his will to work on his scheduled rest day outside those cases.
Can I volunteer to work on my rest day?
Yes. The implementing rules say an employee who volunteers to work on his rest day in other circumstances expresses that wish in writing, and the rules on additional pay still apply.
How much is the pay for working on a rest day?
Article 93 says work on the scheduled rest day is paid an additional compensation of at least 30% of the regular wage. Hours beyond eight on a rest day are paid under Article 87.
Do the implementing rules add other cases?
Yes. The 1989 implementing rules include work that must go on for seven days or more in a week, such as the crew of a vessel completing a voyage, and work needed to take advantage of favorable weather or environmental conditions.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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