Section 1. The legal working day for any person employed by another shall be of
not more than eight hours daily. When the work is not continuous, the
time during which the laborer is not working and can leave his working
place and can rest completely shall not be counted.
Section 2. This Act shall apply to all persons
employed in any industry or occupation, whether public or private, with
the exception of farm laborers, laborers who prefer to be paid on piece
work basis, domestic servants and persons in the personal service of
another and members of the family of the employer working for him.
Section 3. Work may be performed beyond eight hours a
day in case of actual or impending emergencies caused by serious
accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity in order to prevent loss of life and property or
imminent danger to public safety; or in case of urgent work to be
performed on the machine, equipment, or installations in order to avoid
a serious loss which the employer would otherwise suffer, or some other
just cause of a similar nature; but in all such cases the laborers and
employees shall be entitled to receive compensation for the overtime
work performed at the same rate as their regular wages or salary, plus
at least twenty-five per centum additional.
In case of national emergency the Government is empowered to establish
rules and regulations for the operation of the plants and factories and
to determine the wages to be paid the laborers.
Section 4. No person, firm, or corporation, business
establishment or place or center of labor shall compel an employee or
laborer to work during Sundays and legal holidays, unless he is paid an
additional sum of at least twenty-five per centum of his regular
remuneration: Provided however, That this prohibition shall not apply
to public utilities performing some public service such as supplying
gas, electricity, power, water, or providing means of transportation or
communication.
Section 5. Exemption from the provisions of sections
two, and three hereof may be granted by the Secretary of labor in the
interest of the public, or if, in his opinion, such exemption is
justifiable either because the organization or nature of the work
requires it, or because of lack or insufficiency of competent laborers
in a locality or because the relieving of laborers must be done under
certain conditions, or by reason of any other exceptional circumstances
or conditions of the work or industry concerned; but when such
exemption is granted employees and laborers will be paid at least
twenty-five per centum in addition to their regular salaries or wages
for the time in excess of eight hours.
Section 6. Any agreement or contract between the
employer and the laborer or employee contrary to the provisions of this
Act shall be null and void ab initio.
Section 7. Any violation of this Act by the employer
or person having direct control and supervision over the work shall be
punished by a fine of not more than one thousand pesos, or by
imprisonment for not more than one year, or both.
Section 8. Acts Numbered Forty-one hundred and
twenty-three and Forty-two hundred and forty-two of the former
Philippine Legislature are repealed.
Section 9. This Act shall take effect upon its
approval.
APPROVED: June 3, 1939.
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