Under Philippine laws, the general rule is that an employer cannot compel an employee to work overtime. The country’s legal system, however, allows for exceptions to this general rule, such as those found under Article 89 of the Labor Code.
The burden of proving entitlement to overtime work rests on the employee, as this monetary claim is not incurred in the normal course of business.
It is thus incumbent upon the employee to first prove that he actually rendered service in excess of the regular eight working hours a day, and that he in fact worked on holidays and rest days.
(Reggie Zonio v. 1st Quantum Leap Security Agency, Inc. and Romulo Par, G.R. No. 224944, May 05, 2021)
Any employee may be required by the employer to perform overtime work 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. (Article 89 (c), Labor Code of the Philippines)
Image Source Published — June 1, 2022 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained Read more about Can Employees Be Compelled To Render Overtime Work?[…]
Image Source Published — February 13, 2019 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained Read more about Is Payment for Overtime Work Absolute?[…]
After reading “What is the rule on payment of overtime work?”, read also “Can an employee contractually waive his right to overtime pay?”. It is thus the additional work, labor or service employed and the adverse effects just mentioned of his longer stay in his place of work that justify and is the real reason Read more about WHAT IS THE RULE ON PAYMENT OF OVERTIME WORK?[…]
Article 86 of the Labor Code provides that every employee shall be paid a night shift differential of not less than 10% of his regular wage for each hour of work performed between 10:00 PM and 6:00 AM. On the other hand, overtime pay is the additional compensation of at least 25% on the regular wage for the service or work rendered or performed in excess of eight (8) hours a day by Ees or laborers in employment covered by the eight (8)-hour Labor Law. (Art. 87, LC)
Brownouts of short duration but not exceeding 20 minutes shall be treated as compensable hours whether used productively by the employees or not.
Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek.
The employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees.
Prior to the implementation of the flexible working arrangements, the employer shall notify the Department through Regional Office which has jurisdiction over the workplace of the adoption of any of the flexible work arraignments.
Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek.
