Work Hours and Rest-Period Compensation for Security Guards in the Philippines

1. Statutory Foundations

Source of law	Key provisions that matter for hours-of-work and rest-period pay
Labor Code of the Philippines (PD 442, Book III)	• Art. 83: normal hours not to exceed 8 hours a day • Art. 84–85: what counts as “hours worked,” mandatory 60-minute meal break (shorter breaks < 20 min are counted as work) • Art. 86: night-shift differential – ≥ 10 % of hourly rate for work 10 p.m.–6 a.m. • Art. 87: overtime – +25 % on ordinary days; +30 % if OT falls on rest day/holiday • Art. 91–93: at least 24 consecutive hours of rest after six working days; work on the rest-day earns +30 % premium (regular holidays have a separate 100 % premium).
D.O.L.E. Department Order No. 150-16 (Revised Guidelines for Private Security Industry)	• Confirms that all Labor-Code monetary benefits apply in full to security guards. • Requires that a posted duty schedule (Duty Detail Order) never silently converts the 9th-12th hour into “free” time; every hour beyond eight is overtime. • Lists 20 + wage-related benefits (night-shift diff., 13th-month, SIL, SSS/PhilHealth/Pag-IBIG, uniform allowance, hazard pay, etc.) that must be costed in the agency’s “Total Contract Cost.” • Mandates a performance bond to guarantee payment of wages and premiums and makes both the security agency and the client solidarily liable for deficiencies.
Republic Act 11917 (2022) – Private Security Services Industry Act	Modernises RA 5487. • Raises professional-licensing standards, caps a private security agency at 2 000 guards, and ties licence renewal to compliance with labor-standards and DO 150-16. • Empowers PNP-SOSIA to suspend or cancel the licence of any agency found by DOLE to be a repeat violator of wage-and-hour rules.

2. How the 8-Hour Rule Works in Real-World Guard Rotas

12-hour tours – lawful only if the last four hours are paid at OT rates (hourly × 1.25) and if the guard still enjoys a 60-min meal break.
Night detail (e.g., 1900-0700) – every hour between 22:00 and 06:00 earns the 10 % night-shift differential on top of the OT premium for the 9th-12th hour.
24-hr straight duty – allowed solely for extraordinary exigencies; agency must (a) pay 16 OT hours, (b) give a compensatory 24-hr rest, and (c) show a DOLE-accepted safety plan (fatigue management).
Short breaks (< 20 min) spent at the post (coffee, “smoke,” toilet) are part of “hours worked”; they do not interrupt the 8-hour count.

3. Rest-Day Rules and Premiums

A weekly rest day is compulsory; if the employer picks Sunday but the guard asks for Friday/Saturday on religious grounds, the preference must be respected “as far as practicable.”
Work on the scheduled rest day → basic daily wage × 1.30 for the first eight hours, plus OT premium on any excess.
Continuous rotations of six (6) 12-hour days without a 24-hour break have been repeatedly struck down as “flagrant violations,” with back-wages, damages and attorney’s fees awarded.

4. Broken-Shift and On-Call Schemes

In February 2025 the Supreme Court ruled that guards placed on a “12-hour broken shift” (08-12 / 16-24) must be paid OT on the four-hour gap when the break is too short for genuine personal use and the guard is required to remain on-site. Waiting time counted as work because the employer still controlled the employee’s movements.

5. Floating or “Reserved” Status

Agencies may place a guard on “off-detail” status while looking for a new posting, but never beyond six (6) months; after that the guard is deemed constructively dismissed and all pending money claims (including wage differentials and premium pay) become immediately due.
During the floating period the guard must still receive the mandated 13th-month pay, can avail of service-incentive leave, and remains covered by SSS/PhilHealth/Pag-IBIG contributions.

6. Computing What a Guard Should Really Take Home (illustrative NCR ordinary day)

Component	Statutory Basis	Computation for a 12-hr night shift
Basic pay (8 h)	latest Wage Order	₱X
OT premium (4 h)	Art 87, DO 150	Hourly × 1.25 × 4
Night diff (8 h inside 22:00-06:00)	Art 86	Hourly × 0.10 × 8
Rest-day or holiday premium, if applicable	Arts 93-94	add 30 % or 100 %
Mandatory allowances & benefits	DO 150-16 Sec. 8	proportional allocations for 13th-month, SIL, SSS, PhilHealth, Pag-IBIG, uniform, firearm, hazard pay

The agency’s service fee (≥ 20 % of Total Contract Cost) cannot be charged to the guard.

7. Enforcement & Remedies

DOLE Field Inspectorate – may issue compliance orders and assess 100 % wage restitution plus legal interest.
NLRC – money claims, illegal-dismissal cases (e.g., floating > 6 months).
PNP-SOSIA – can suspend an agency’s licence under RA 11917 when DO 150 violations persist.
Solidary liability – clients that knowingly engage under-capitalised “labor-only” contractors are jointly liable for unpaid wage and rest-day premiums.

8. Practical Compliance Checklist for Security Agencies

Post a Duty Detail Order that shows exact start/stop times and meal break.
Use a payroll template that separately itemises: basic pay, OT, ND, rest-day/holiday premiums, and statutory deductions.
Keep a “fatigue log”; guards must not exceed 12 duty hours in any 24-hour window without a compensatory rest.
Renew the DO 150-mandated bond annually and keep proof available for DOLE/PNP-SOSIA inspection.
Audit floating status monthly; re-assign or pay separation/constructive-dismissal liabilities before the 6-month mark.

9. Take-aways for Guards and Principals

Eight (8) hours is the default; anything more costs extra, and all premiums compound (OT + night diff + rest-day).
Rest days are a right, not a privilege.
Recent jurisprudence is clear: “broken” or on-site standby gaps count as work when the guard’s time is not his own.
Under RA 11917, chronic under-payment is now a direct threat to an agency’s licence—and to the client’s business continuity if a site suddenly loses its guards.

Security work is essential—and the law demands that it be fairly paid and sustainably scheduled. Guards, agencies and principals who keep these rules front-and-centre avoid costly findings, keep posts secure, and, most importantly, keep people safe.