Working 7 Days a Week and 12-Hour Shifts in the Philippines: Labor Law Violations & How to Report to DOLE

This guide explains—practically and in depth—how Philippine labor rules treat 7-day workweeks and 12-hour shifts, when they’re lawful, when they’re not, what premiums you’re owed, and exactly how to bring a complaint to the Department of Labor and Employment (DOLE). It’s written for private-sector employees. (Public-sector rules differ.) This is general information, not legal advice.

The Big Picture (Quick Rules)

Normal hours: Not more than 8 hours a day for covered employees.
Weekly rest day: At least 24 consecutive hours of rest after six consecutive workdays.
Overtime (OT): Hours beyond 8 in a day are OT and must be paid with premiums.
7 straight days of work (with no 24-hour rest) is generally unlawful unless your rest day is moved and actually given elsewhere in that 7-day span under limited exceptions.
12-hour shifts: Legal only if (a) they’re overtime with proper premiums or (b) part of a valid Compressed Workweek (CWW) arrangement that meets DOLE conditions.
Night shift differential (NSD): +10% of your regular wage for each hour worked 10:00 p.m.–6:00 a.m.
Undertime can’t offset overtime.
You can’t waive these rights; agreements to work long hours at “straight pay” are void.

Who Is Covered—and Who Isn’t

Most rank-and-file and many supervisory employees are covered by the rules on hours, overtime, rest days, premium pay, and NSD. Excluded (hours-of-work rules don’t apply) are primarily:

Managerial employees and members of the managerial staff.
Field personnel whose actual hours cannot be determined with reasonable certainty.
Family members dependent on the employer for support.
Persons in the personal service of another (but see the Kasambahay Law below).
Certain workers paid by results when hours can’t be reasonably tracked.

Domestic workers (kasambahay) are covered by a special law (RA 10361) with their own rules on hours, rest day, and benefits. If you’re a kasambahay, you still get a weekly 24-hour rest day and limits on hours; the venue to complain is also DOLE.

Hours of Work: The Essentials

Normal 8-hour day

“Hours worked” include all time you are required or permitted to work (including short rest periods, time waiting under your employer’s control, and job-to-job travel during the day). Meal breaks must be at least 60 minutes and are unpaid (unless you’re made to work through them or the break is shortened such that it becomes compensable).

Weekly rest day

You are entitled to not less than 24 consecutive hours of rest after six consecutive normal workdays. The employer chooses the rest day but must respect your religious preference when feasible. Employers may require work on your rest day only in specific cases (e.g., genuine emergencies, to avoid loss of life/property or spoilage, abnormal pressure of work, continuous operations) and must pay premiums; the rest day should then be scheduled elsewhere close by. A schedule that never gives you a 24-hour rest in a 7-day window is unlawful.

Are 12-Hour Shifts Legal?

Sometimes. There are two legitimate pathways:

Overtime route (most common):
- You work >8 hours in a day.
- The extra hours are OT and must be paid at +25% of your hourly rate on ordinary days (higher if on a rest day/holiday).
- If the 12-hour shift pushes into 10 p.m.–6 a.m., add NSD +10% for those hours.
- Frequent, prolonged OT should be justified by the employer’s business needs; forced excessive OT may become a safety/health issue.
Compressed Workweek (CWW) route:
- DOLE-recognized flexible work arrangement where you work longer daily hours (e.g., 4×12 or 3×12), but your weekly total doesn’t exceed the standard and your rest day is preserved.
- Key safeguards typically include: written voluntary agreement with employees, no diminution of benefits, OSH (safety) review, and notice to the DOLE Regional Office.
- Under a valid CWW, the longer daily hours aren’t OT purely because they exceed 8, as long as the agreed weekly limits and other conditions are met. Premiums still apply for night work, rest days, and holidays.

What’s not okay: A “CWW” that quietly becomes 7 days a week or 84 hours a week (7×12) is not a valid CWW. That setup violates the weekly rest day and likely labor standards/OSH rules.

Are 7 Days a Week Legal?

Only if within a rolling 7-day period you still receive a full 24-hour rest and any rest-day work is within the law’s narrow exceptions and paid with proper premiums. A pattern of continuous 7-day scheduling with no 24-hour break is a violation.

Premium Pay Cheat Sheet (Ordinary Employees)

“Hourly rate” below means your regular hourly wage. If you’re daily-paid: hourly = daily/8. If you’re monthly-paid, your company’s payroll policy (5-day vs 6-day week) determines how the hourly rate is derived—check your contract/payroll handbook or ask HR. CBAs may be better (never worse).

Overtime on a regular working day (beyond 8 hrs): 125% of hourly rate per OT hour.
Work on your Scheduled Rest Day or a Special (non-working) Day (first 8 hrs): 130% of daily/hourly rate. OT on Rest Day/Special Day (beyond 8 hrs): 130% × 1.30 = 169% of hourly rate per OT hour.
Work on a Regular Holiday (first 8 hrs): 200% of daily/hourly rate (if eligible). OT on Regular Holiday (beyond 8 hrs): 200% × 1.30 = 260% per OT hour.
Regular Holiday that falls on your Rest Day (first 8 hrs): 200% × 1.30 = 260% of daily/hourly rate. OT in this situation (beyond 8 hrs): 260% × 1.30 = 338% per OT hour.
Night Shift Differential (10:00 p.m.–6:00 a.m.): +10% per hour for hours actually worked within that window. (This is on top of any OT/rest-day/holiday premium; payroll methods for compounding vary but the gist is NSD is added, not substituted.)
Undertime cannot offset OT. If you left early yesterday, employer still owes today’s OT premium.

Minimum wage reminder: All multipliers apply to your regular wage, which must at least meet your region’s current minimum wage (plus any mandated COLA that forms part of the regular wage). If your base is below minimum, you may have two claims: wage underpayment and premium underpayment.

Worked Examples (for clarity)

Assume ₱100/hour base rate.

12-hour ordinary day (no NSD): Regular: 8 × ₱100 = ₱800 OT: 4 × ₱100 × 1.25 = ₱500 Total = ₱1,300
12-hour on your Rest Day (not a holiday): First 8 hrs: 8 × ₱100 × 1.30 = ₱1,040 OT: 4 × (₱100 × 1.69) = ₱676 Total = ₱1,716
12-hour on a Special (non-working) Day: First 8 hrs: 8 × ₱100 × 1.30 = ₱1,040 OT: 4 × (₱100 × 1.69) = ₱676 Total = ₱1,716
12-hour on a Regular Holiday: First 8 hrs: 8 × ₱100 × 2.00 = ₱1,600 OT: 4 × (₱100 × 2.60) = ₱1,040 Total = ₱2,640
12-hour when Regular Holiday falls on your Rest Day: First 8 hrs: 8 × ₱100 × 2.60 = ₱2,080 OT: 4 × (₱100 × 3.38) = ₱1,352 Total = ₱3,432

If some hours fall 10:00 p.m.–6:00 a.m., add NSD +10% for those hours.

Common Violations Involving 7 Days/12 Hours

No weekly 24-hour rest ever given (constant 7/7 scheduling).
12-hour days paid at straight time (no OT).
Rest-day work paid at ordinary rates.
“Offsetting” a day’s undertime with another day’s overtime.
Forced OT with threats of discipline, especially where unsafe.
Failing to count hours worked (e.g., mandatory briefings, donning PPE, required waiting time, on-premises stand-by, working through meal breaks).
Misclassifying rank-and-file staff as “managerial” or “field personnel” to avoid OT/rest-day rules.

Safety & Health (OSH) Angle

Long shifts and no rest raise fatigue and accident risks. Under the OSH Law and its rules, employers must identify and control hazards (including excessive hours), provide rest breaks, and ensure fitness-for-duty. Imminent danger can trigger a work-stoppage order. If your 12-hour schedules involve hazardous tasks, lack of breaks, or chronic fatigue, document it—the OSH pathway can be a powerful lever.

Before You Report: Prepare Your File

Bring order to your facts and numbers. Create a simple folder with:

Employment proof: contract/ID/assignment letters.
Time evidence: timecards, bundy logs, HRIS screenshots, gate logs, emails/chats assigning extra hours or denying rest days.
Pay evidence: payslips, payroll summaries, bank credits.
Schedule evidence: duty rosters, memoranda, team calendars.
Your computations: a clear worksheet showing how much OT/rest-day/holiday/NSD pay you’re owed, by pay period.
Health/safety notes: incidents, near misses, medical visits linked to fatigue.
Witnesses: co-workers willing to attest.

How to Report to DOLE (Step-by-Step)

There are two main tracks (you can do both, and they often start with conciliation):

1) SEnA (Single-Entry Approach) – Fast, Conciliatory

What it is: An early, 30-calendar-day conciliation/mediation to settle labor issues quickly.
How to start: File a Request for Assistance (RFA) at the DOLE Regional/Field Office that covers your workplace (or via their e-filing channel, where available).
What happens: A mediator-arbiter sets conferences (often within a week). Bring your documents and computations.
Outcome: If you and the employer agree, the settlement is documented and binding. If not, you move to formal action.

Good for: Quick recovery of money claims (OT, rest-day/holiday pay), fixing schedules and rest days, or documenting refusal to comply.

2) Labor Standards Complaint / Inspection – Enforce Compliance

What it is: A formal complaint to trigger labor standards inspection and a possible Compliance Order compelling your employer to pay deficiencies and fix practices.
Scope: Wages, hours of work, OT/rest-day premiums, records-keeping, OSH, etc.
Where to file: DOLE Regional/Field Office with jurisdiction over the establishment.
Process: Inspectors review records, interview workers, and issue findings; employers are ordered to comply and pay back wages/premiums. Administrative fines may apply for OSH and other violations.

Important: If your case involves illegal dismissal or issues the DOLE cannot finally resolve (e.g., no employer-employee relationship), you usually file at the NLRC. Many workers do SEnA first, then choose DOLE inspection (for standards) and/or NLRC (for dismissal/damages) depending on what remains unresolved.

Confidentiality & Retaliation

You may request DOLE to keep your identity confidential in inspections, but SEnA is usually face-to-face with the employer.
Retaliation for asserting statutory rights can be unlawful; keep evidence of threats, demotions, or schedule cuts after you complain.

Deadlines (Prescription)

Money claims arising from the Labor Code (OT, premium pay, etc.) generally prescribe in 3 years from when each underpayment happened.
Illegal dismissal actions generally prescribe in 4 years from dismissal.

What You Can Recover

Unpaid OT, rest-day, holiday, and NSD differentials, plus legal interest until paid.
Wage underpayments (if below the regional minimum).
Attorney’s fees (in some cases) and administrative penalties against the employer via DOLE.
OSH violations can add separate fines and directives (e.g., more rest, safer staffing).

Special Notes by Sector

Kasambahay (domestic workers): You have a weekly 24-hour rest day and limits on hours under RA 10361. Report also to DOLE Regional/Field Offices.
BPO/night-shift industries: NSD applies; rest-day and OT premiums still apply even with rotating schedules.
Healthcare/continuous operations: Rest-day work may be required under “continuous process,” but premium pay and weekly 24-hour rest (rescheduled) still apply.

Frequently Asked Questions

Can my employer force me to work 12 hours every day? They can require OT under specific conditions, but they must pay OT premiums and still must give a weekly 24-hour rest. Chronic, unsafe OT may violate OSH rules.

We signed an agreement for 12 hours “straight pay.” Is that valid? No. Statutory premiums can’t be waived. You can recover unpaid differentials for the past 3 years.

We have a compressed workweek. Do we lose OT? Under a valid CWW that honors weekly limits, is voluntary, and meets DOLE prerequisites, longer daily hours aren’t OT solely because they exceed 8. But rest-day, holiday, and night-shift premiums still apply.

My boss says my lateness cancels yesterday’s OT. That’s illegal. Undertime cannot offset overtime.

I worked 7 days straight but got a rest day on day 8—legal? You’re entitled to a 24-hour rest after six consecutive workdays. If you truly worked 7 consecutive days with no 24-hour break, that violates the rule—even if a rest day appears later.

What if I’m “managerial”? True managerial employees are exempt from the hours-of-work rules. Title isn’t decisive; it’s about actual duties and discretion. Mislabeling employees to dodge OT is common—DOLE looks at real work, not job labels.

Practical Filing Tips

Compute cleanly. Break your claim by pay period (e.g., “Pay period 1–15 May: 18 OT hours @125%, 8 NSD hours @10%, 12 rest-day hours @130% for 8h + 169% OT for 4h…Total ₱X”).
Bring buddies. Collective complaints are stronger.
Be firm but factual. Stick to dates, hours, and payslip figures.
Mind the clock. Don’t sit on claims—3 years moves fast.

Simple RFA/Complaint Language You Can Adapt

Issue: Employer requires 12-hour daily shifts and 7 consecutive days with no 24-hour weekly rest, and pays straight time for hours beyond 8 and for rest-day work. Facts: From [date] to [date], I worked [xx] 12-hour shifts; [xx] rest-day shifts; [xx] night hours. No compensable meal period was provided (we worked through lunch). Claim: Unpaid overtime, rest-day/holiday premiums, NSD, and wage differentials, plus compliance with weekly rest and OSH standards. Relief Sought: Payment of all differentials with legal interest; correction of schedules to ensure weekly 24-hour rest; compliance with OSH.

Bottom Line

12-hour shifts are not automatically illegal, but they must be either properly paid as OT or implemented via a valid compressed workweek that preserves your weekly rest and benefits.
Working 7 days a week with no 24-hour rest is generally unlawful.
Premiums stack: OT, rest-day/holiday, and NSD add up—don’t leave money on the table.
DOLE provides a conciliation path (SEnA) and an inspection/enforcement path. Use them—with documents and computations—to enforce your rights.

If you want, tell me your province/region, schedule pattern, and sample payslip figures, and I’ll draft a personalized computation sheet you can bring to DOLE.