Short answer. Yes. Article 89 allows an employer to require overtime work when the country is at war, or when a national or local emergency has been declared by the National Assembly or the Chief Executive. Employees required to render this overtime must still be paid the additional compensation the Labor Code requires.
What the law says
When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive
Labor Code, Article 89 — Emergency Overtime Work. Read the full provision →
What the law says
Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.
Labor Code, Article 89 — Emergency Overtime Work. Read the full provision →
War or declared national emergency is one of five recognized grounds
Article 89 lists five separate situations in which an employer may require an employee to perform overtime work. The first is directly on point: when the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive. So a declared war or a properly declared national or local emergency is, by itself, a recognized legal basis under this article for an employer to require overtime, without needing any of the other four grounds to also be present.
The other emergency grounds the article recognizes
The remaining four grounds cover different situations: overtime needed to prevent loss of life or property, or to address imminent danger to public safety from an actual or impending emergency such as a serious accident, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity; urgent work on machines, installations, or equipment to avoid serious loss or damage; work necessary to prevent loss or damage to perishable goods; and finishing work already started before the eighth hour where stopping would seriously obstruct or prejudice the employer's business or operations. Each of these stands as its own independent basis, separate from the war-or-emergency ground.
Who has to declare the war or emergency
For the war-or-emergency ground specifically, the article requires the declaration to come from a specific source: the National Assembly or the Chief Executive. This ties the ground to an actual, formal declaration by one of those named authorities, rather than to a general sense among employers or the public that an emergency exists. Without such a declaration, this particular ground for requiring overtime under Article 89 would not be satisfied.
Overtime pay still applies
None of this changes how the overtime itself is compensated. The article closes by stating that any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. So being required to work overtime because of a declared war or emergency does not reduce or eliminate your entitlement to the extra pay the Labor Code sets for overtime work generally.