Query: Is it legal for an employee to work from 4 PM to 1 AM, then from 8 AM to 5 PM the next day, and from 5 AM to 8 PM the following day, and then again from 8 AM to 5 PM?

In the Philippines, labor laws are established to protect the rights and welfare of workers. These laws include regulations on working hours, rest periods, and overtime to ensure that employees are not overworked and are provided adequate rest.

Legal Working Hours

The Labor Code of the Philippines specifies that the normal working hours of an employee should not exceed eight hours a day. Any work beyond these eight hours is considered overtime, which must be compensated with an additional pay rate.

Rest Periods

According to Article 83 of the Labor Code, employees are entitled to at least a one-hour break for regular meals. Additionally, there should be an interval of not less than eight hours between the end of a work period and the beginning of another. This rule ensures that employees receive sufficient rest between shifts.

Night Shift Differential

Article 86 of the Labor Code provides that employees who work between 10 PM and 6 AM are entitled to a night shift differential of not less than 10% of their regular wage for each hour of work performed during this period.

Overtime Work

Overtime work is regulated under Article 87 of the Labor Code, which states that employees who work beyond eight hours should be paid an additional compensation equivalent to their regular wage plus at least 25% thereof. If the overtime work is performed during a holiday or rest day, the premium should be at least 30%.

Consecutive Workdays and Extended Shifts

The scenario described involves multiple shifts with minimal rest periods, which could potentially violate labor regulations. The lack of sufficient rest between shifts (less than eight hours) and extended working hours (beyond eight hours per day) require careful consideration of the following:

Rest Period Compliance: The minimal interval between shifts (less than eight hours) is against the legal requirement, which mandates a rest period of at least eight hours between shifts.
Extended Working Hours: Continuous working hours that extend beyond the regular eight-hour limit require overtime pay. Additionally, if these hours cut into night shift periods (10 PM to 6 AM), night shift differential pay applies.
Employee Health and Safety: Prolonged working hours without adequate rest can lead to fatigue, which compromises employee health and safety, potentially violating occupational health and safety standards.

Employer Responsibilities

Employers must ensure compliance with these regulations to avoid legal repercussions and to promote a healthy working environment. This includes scheduling shifts that comply with the mandated rest periods, properly compensating for overtime and night differentials, and ensuring that employees are not subjected to excessive working hours.

Conclusion

The described work schedule appears to violate several provisions of the Labor Code concerning working hours, rest periods, and overtime compensation. Employers should adjust schedules to comply with legal requirements, ensuring adequate rest for employees and appropriate compensation for extended and night shifts. Regular monitoring and adherence to labor laws are essential to maintain lawful and fair working conditions.