Dear Attorney,

I work as a full-time employee and receive a monthly salary. My employer has recently asked me to work on Sundays, stating that because I am on a monthly salary, I am not entitled to additional compensation or a rest day on Sundays.

I would like to know whether it is lawful for my employer to require me to work on Sundays without additional pay, given that my salary is paid on a monthly basis. Can you clarify if there are any legal provisions that protect employees in this regard?

Sincerely,
A Concerned Employee

Insights:

In the Philippines, the Labor Code provides specific guidelines regarding work on rest days and overtime compensation, even for employees paid on a monthly basis.

Right to a Rest Day: Under Article 91 of the Labor Code, every employee is entitled to at least one rest day after six consecutive working days. The employer cannot require an employee to work on a Sunday, or any designated rest day, unless the nature of the work falls under exceptional circumstances, such as urgent business needs, national emergencies, or work in industries where continuous operations are required (e.g., hospitals, security services).
Payment for Work on Sundays or Rest Days: Article 93 of the Labor Code stipulates that when an employee works on their scheduled rest day, they are entitled to an additional compensation of at least 30% of their regular daily wage. This provision applies to employees, regardless of whether they are paid on a daily, weekly, or monthly basis.
Monthly Salary Does Not Exempt from Additional Pay: The fact that an employee is paid monthly does not exempt the employer from paying extra for work done on rest days. Even if an employee’s salary covers regular working days, additional work on Sundays or designated rest days must still be compensated in accordance with the law.
Voluntary Agreement vs. Coercion: An employee may agree to work on their rest day voluntarily, but this agreement should not result in the forfeiture of their rights to extra compensation. Furthermore, an employer cannot coerce or compel an employee to work without proper compensation or a designated day of rest.

Based on these legal standards, it would be unlawful for your employer to require you to work on Sundays without additional compensation simply because you are on a monthly salary. You are entitled to proper rest and additional pay if you choose to work on your rest day. If this issue persists, it may be advisable to approach the Department of Labor and Employment (DOLE) or consult a labor lawyer for further guidance.