Text of the provision
Art. 82. Coverage. The provisions 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, persons 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" refer to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. "Field personnel" shall refer 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.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
The rules on hours of work and related benefits in this Title cover employees in all establishments, whether for profit or not, but not government employees, managerial employees, field personnel, family members of the employer dependent on him for support, domestic helpers, persons in the personal service of another, or workers paid by results as determined by the Secretary of Labor. Managerial employees are those whose primary duty is managing the establishment or a department of it; field personnel are non-agricultural employees who regularly work away from the employer’s place of business and whose actual field hours cannot be determined with reasonable certainty.
Questions about this provision
- Is a managerial employee entitled to overtime, holiday and rest day pay?
- My employer labels me field personnel but I report to the office every day — am I really exempt from overtime?
- My job title says manager but I manage no department — am I still exempt from overtime pay?
Related provisions
- Article 80 — Employment Agreement For Handicapped Workers.
- Article 83 — Normal Hours of Work.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.