Section 4
SEC. 4. Articles 82, 83, 86, 87, 91, 92, 93 and 95 are hereby amended to read as follows: "ART. 82. Coverage.—The provision of this Title shall apply to employees in all establishments and undertakings, whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, person in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. "As used herein, "managerial employees" refers to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision there: of, and to other officers or members of the managerial staff. "Field personnel" refers to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty." "ART. 83. Normal hours of work.—The normal hours of work of any employee shall not exceed eight in a day. "Health personnel in cities or municipalities with a population of at least one million or in hospitals or clinics with a bed capacity of at least one hundred shall hold regular office hours for eight hours a day, for five days a week, or a total of forty hours a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six days or forty eight hours, in which case they shall be entitled to an additional compensation of at least thirty percent of their regular wage for work on the sixth clay. For purposes of this Article, "health personnel" shall include: resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel. "ART. 86. Night shift differential.—Every employee shall be paid a night shift differential of no less than ten percent of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning. "ART. 87. Overtime work.—Work may be performed beyond eight hours a day provided that the employee is paid for the overtime, work, an additional compensation equivalent to his regular wage plus at least twenty-five percent thereof. Work performance beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate for the first eight hours on a holiday or rest day plus at least thirty percent thereof. "ART. 91. Right to weekly rest day.—(a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four consecutive hours after every six consecutive normal work days. (b) The employer shall determine and schedule the weekly rest day of his employees, subject to collective agreement and to such rules and regulations as the Secretary of Labor may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds. "ART. 92. When employer may require work on a rest day.—The employer may require his employees to work on anyday: In case of actual or impending emergencies caused by serious accidents, fire, flood, typhoon,/earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; In case of urgent work to be performed on the machinery, equipment, or installation to avoid serious loss which the employer would otherwise suffer; In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; To prevent loss or damage to perishable goods; 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 Under other circumstances analogous or similar to the fore going as determined by the Secretary of Labor. "ART. 93. Compensation for rest day, Sunday or holiday work.— (a) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent of his regular, wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. (b) When the nature of the work of the employee is such that he has no regular work days, and no regular rest days can be scheduled, he shall be paid additional compensation of at least thirty percent of his regular wage for work performed on Sundays and holidays. (c) Work performed on any legal holiday shall be paid an additional compensation of at least thirty percent of the regular wage of the employee. Where such holiday work falls on the employee's scheduled rest day, he shall be entitled to an additional compensation of at least fifty percent of his regular wage. (d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate. "ART. 94. Right to holiday pay.—(a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten workers; (b) The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate. (c ) As used in this Article, "holiday" includes New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and the thirtieth of December, and the day designated by law for holding a general election. ART. 95. Right to service incentive leave.— Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive of five days with pay. This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting his benefit by the Secretary of Labor after considering the viability or financial condition of such establishment. The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.