Box 9 1. When is an employee's rest day?

Every employee regardless of the nature of his work is entitled to at least one whole day every week as his rest day. The rest day or day off shall be determined by the employer. However, in ases where the employee is re!uired by his religious belief to rest on ertain days, su h belief shall be respe ted by the employer

". #ay an employer re!uire work on rest day? $n non%working day? The employer may re!uire his employees to work on any day& 'a( )n ase of a tual or impending emergen ies aused by serious a ident, fire, flood, typhoon, earth!uake, epidemi or other disaster or alamity to prevent loss of life and property, or imminent danger to publi safety* 'b( )n ases of urgent work to be performed on the ma hinery, e!uipment, or installation, to avoid serious loss whi h the employer would otherwise suffer* ' ( )n the event of abnormal pressure of work due to spe ial ir umstan es, where the employer annot ordinarily be e+pe ted to resort to other measures* 'd( To prevent loss or damage to perishable goods* 'e( Where the nature of the work re!uires ontinuous operations and the stoppage of work may result in irreparable in,ury or loss to the employer* and 'f( -nder other ir umstan es analogous or similar to the foregoing as determined by the .e retary of /abor and Employment. 01rt. 2", /3

Box 21 1. What are the signifi ant hanges introdu e by labor ode to the law that awards ompensation benefits to employees who sustain work onne ted in,ury? Where an ailment supervened before the new labor ode, the governing law is the Workmen 3ompensation 1 t. Thus, the hanges are as follows& Workmen Compensation Act. Act 3428 Employees Compensation Law pd 442 amended by pd 4"4 'labor ode( no presumption of ompensability ausation proof of ausation is needed of diseases is not listed 3laimant aggravation no presumption

there is presumption of ompensability no need to present proof of ausation employer has burden of proof there is presumption of aggravation

if he so desires, employer had to employer is not allowed mu h less ontrovert the laim within 15 days from re!uired to intervene in the pro ess of date of disability or 16 days from the ompensation laim knowledge, otherwise deemed to have waived the right payment of ompression is made by payment of ompensation is made by employer the sss7gsis through state insuran e fund. Employer obligation is to pay ounter ontribution litigation, !uasi ,udi ial ,udi ial administrative

". -nder what ir umstan es is an in,ury onsidered work onne ted and therefore ompensable? 3onditions& 1. The employee must have been in,ured at the pla e where the work re!uired him to be ". The employee must have been performing his offi ial fun tions 8. )f the in,ury is sustained elsewhere, the employee must have been e+e uting an order of the employer 5. The in,ury was not due to the employee9s into+i ation, willful intention to in,ure or kill himself or another, or notorious negligen e )n,uries in urred by a health worker while doing overtime work shall be onsidered work% onne ted. 8. What kind of disease are ompensable? $ upational disease listed by the ommission otherwise, proof must be shown that the risk of ontra ting the disease is in reased by the working onditions. 5. E+plain the theory of in reased risk? )f an ailment is not in luded in the list of o upational disease as drawn up by the ommission, the laimant has the burden of proving that the nature of the work in reased the risked of onta ting the disease. The laimant must show proof of reasonable work onne tion, not ne essarily dire t ausal relation. :. What is the dual purpose do trine? 1n employee9s status of a ting in the ourse of his employment is not negated by the fa t that He may be pursuing a dual purpose. 3onsiders as ompensable an in,ury that an employee sustains while on a trip undertaken for the benefit of employer even if in the ourse thereof the employee

pursues also a personal purpose.

4. )f the ause of disease is unknown, for e+ample, an er, must the laimant prove that it is work related so as to obtain benefits under .);? <es. =roof is re!uired. 1s a general rule, an er is a disease still unknown origin whi h strikes people in all walks of life. -nless it be shown that a parti ular form of an er is aused by spe ifi working onditions or environment, one annot on lude that it was the employment whi h in reased the risk of ontra ting the disease.

=repared by& daughn