Does your boss call or message you for work-related information and activities even after you have logged out for the day and are on your way home? Does he or she make you work on quick emails and submissions even during weekends and holidays?
There is a bill that will soon prohibit employers, managers, and bosses from giving non-urgent work-related calls and messages to their employees after the employee has left for the day, on rest day, holiday, or is on sick leave.
House Bill No. 10717 is otherwise known as the Workers’ Rest Law. It states that if the employee has not given consent to be contacted during his rest hours, the employer could not do the following:
- Require the employee to work
- Require the employee to be on duty, to travel, or be at a prescribed place for work or work-related activities, such as attending seminars, meetings, team-building, and other similar activities
- Contacting the employee for work and work-related purposes through email, phone, message, and other means of communications, unless it is for the purpose of notifying the employee of necessity of rendering emergency or urgent work
In a counterpart bill (Senate Bill 2475) rest hour is defined as any period other than the hours of work. In the same document, it is stated that an employee may not be compelled to render overtime work, unless otherwise allowed by Article 89 of the Labor Code which states:
Article 89. Emergency Overtime Work. Any employee may be required by the employer to perform overtime work in any of the following cases:
a. 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.
b. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
c. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;
d. When the work is necessary to prevent loss or damage to perishable goods; and
e. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.
What do you think of the proposed Workers’ Rest Law? As an employee, do you think this will help keep workers from getting burnt out and more productive at work?
We’d love to hear from you.