Dear Attorney,

I am currently employed at a company where we do not have a day off. We are expected to work continuously without any break for rest days. I am concerned that this may not be in line with the labor laws in the Philippines. Could you kindly clarify whether employers are allowed to make employees work without any day off? What steps can I take if this is indeed a violation of labor rights?

Sincerely,
Concerned Employee

Insights

In the Philippines, labor laws are in place to protect the rights and well-being of employees, and the issue of mandatory rest days is explicitly covered under these regulations. Specifically, Article 91 of the Labor Code of the Philippines provides that every employee is entitled to a weekly rest day of not less than 24 consecutive hours after six (6) consecutive workdays. This means that the law clearly mandates that employers must provide at least one rest day per week.

An employer can only compel an employee to work on a rest day under specific conditions:

In cases of actual or impending emergencies (e.g., fire, flood, or typhoon);
In case of urgent work to avoid serious loss or damage to the company;
To prevent the loss of perishable goods; or
If the nature of the work requires continuous operations (e.g., in hospitals or factories with 24-hour operations), and the employee is required to work during their scheduled rest day.

In these situations, if the employee works on their rest day, they are entitled to an additional premium of at least 30% of their regular wage for the first eight hours of work.

Failure to provide employees with their mandated rest day is a violation of labor standards. In your case, if the company is systematically denying employees their right to rest days without lawful justification, this constitutes non-compliance with the Labor Code. Employees who find themselves in this situation have several avenues for recourse:

Internal Remedies: You can first bring up your concerns through the company’s internal grievance mechanisms, such as human resources or labor-management committees. Document your complaints and any correspondence for future reference.
Filing a Complaint with DOLE: If internal remedies are ineffective, you may file a formal complaint with the Department of Labor and Employment (DOLE). DOLE handles cases of labor violations, and they can mediate between employees and employers to address and resolve such issues. They may also conduct inspections of the employer’s premises to ensure compliance with labor laws.
Legal Representation: You may also consult with a labor lawyer who can guide you through the process of filing a complaint and, if necessary, pursue legal action for damages or unpaid benefits.

Employers are legally bound to respect and uphold labor standards, including the provision of a rest day. Should they fail to do so, they risk not only penalties but also further legal consequences if complaints are filed by employees. Ensure that you document your work schedule, your employer's policies regarding rest days, and any communications that show a violation of your rights. This documentation will strengthen your case should it escalate to legal proceedings.

In summary, the law clearly favors the employee’s right to rest, and your current situation raises legitimate concerns of labor law violations. You are encouraged to take the appropriate steps to safeguard your rights and to seek assistance from DOLE or a labor attorney if necessary.