Rest day premium

Dear Atty. Vlad,

I am a rank-and-file employee in one of the manufacturing plants located in Malolos, Bulacan. For the last 6 years of my employment, Saturdays and Sundays were considered as our rest days. In addition, we were given an allowance of P10 whenever we work on Fridays. Last week, our manager told us that beginning next week, Saturdays will be considered a regular day. Since Saturdays will be considered a regular day, even if we go to work, we will not be paid our rest day pay premium. Can our employer legally do this?

Francine

Dear Francine,

While your employer can cause you to work on Saturdays, he has to pay you the corresponding rest day pay and rest day pay premium. If you will just be made to work on Saturdays without the corresponding payment of rest day pay premium, this will amount to violation of Article 100 of the Labor Code, as amended.

Pursuant to Article 100 of the Labor Code, an employer may not diminish or eliminate the benefits of employees. In the case of Tiangco vs Leogardo Jr., G.R. No. L-57636, 16 May 1983, 122 SCRA 267, 207 Phil. 235, it was held that diminution or elimination of benefits is violative of Article 100 of the Labor Code. Further, in the case of Arco Metal Products Inc. vs Samahan ng mga Manggagawa sa Arco-Metal-NAFLU (SAMARM-NAFLU), G.R. No. 170734, 14 May 2008, the Court further pointed out that the legal bases for the invocation of the principle that any benefit or supplement being enjoyed by employees cannot be reduced, discontinued or eliminated by the employer are the following:

1 Express Terms of an employment agreement;

2 Company Practice which refers to the implied terms of an employment agreement which the employer freely, voluntarily and consistently extended to its employees and thus cannot be withdrawn except by mutual consent or agreement of the contracting parties;

3 The Constitution (Section 18 of Article II and Section 3 of Article XII); and,

4 Article 4 of the Labor Code.

Further, in the case of Wesleyan University-Philippines vs Wesleyan University-Philippines Faculty and Staff Association, G.R. No. 181806, 12 March 2014, the Court clarified that the Non-Diminution Rule found in Article 100 of the Labor Code prohibits employers from elimination or reducing the benefits received by their employees provided such benefits are based on any of the following:

(1) Express policy;

(2) Written contract; or

(3) Company practice

In your case, you have been enjoying your Saturdays for the last six years as your rest day. Since this has already become a practice of your Company, it may not unilaterally reduce your rest days without violating the rule against non-diminution of benefits under Article 100 of the Labor Code, as amended.

I hope I was able to assist you based on the facts that you have stated.

Atty. Vlad del Rosario