Text of the provision
Art. 92. When employer may require work on a rest day. The employer may require his employees to work on any day: In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; In cases 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 foregoing as determined by the Secretary of Labor and Employment.
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
An employer may require work on a rest day only in the listed situations — actual or impending calamities threatening life, property or public safety; urgent repairs on machinery or equipment to avoid serious loss; abnormal pressure of work from special circumstances; to prevent loss of perishable goods; where the work requires continuous operations and stopping would cause irreparable loss; and other analogous circumstances determined by the Secretary of Labor and Employment.
Questions about this provision
Related provisions
- Article 91 — Right To Weekly Rest Day.
- Article 94 — Right To Holiday Pay.
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.