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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
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. According to this provision: Any employee may be required by the employer to perform overtime work in any of the following cases:
- When the country is at war or when any other national or local emergency has been declared by the National Assembly [73] or the Chief Executive;
- When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
- 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;
- When the work is necessary to prevent loss or damage to perishable goods; and
- Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. (Article 89 of the Labor Code)
Overtime work is defined under Philippine laws as service or work rendered in excess of eight hours a day by employees or laborers covered by the Eight-hour Labor Law (National Shipyard and Steel Corp. v. CIR, G.R. No. L-17068, December 30, 1961).
In general, an employer cannot compel an employee to work overtime. The country’s legal system, however, allows for exceptions to this general rule and Article 89 of the Labor Code is instructive on the matter.
Indeed, the law says:
ARTICLE 89. Emergency Overtime Work. — Any employee may be required by the employer to perform overtime work in any of the following cases:
- When the country is at war or when any other national or local emergency has been declared by the National Assembly [73] or the Chief Executive;
- When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
- 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;
- When the work is necessary to prevent loss or damage to perishable goods; and
- Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.
Jurisprudence in the Philippines has likewise affirmed the validity and application of Emergency Overtime Work, with one of the more frequently cited grounds to compel emergency overtime work being the prevention of serious loss or damage inimical to the employer’s business.
Jurisprudence says:
Art. 89 of the Labor Code empowers the employer to legally compel his employees to perform overtime work against their will to prevent serious loss or damage
x x x
In the present case, petitioners’ business is a printing press whose production schedule is sometimes flexible and varying. It is only reasonable that workers are sometimes asked to render overtime work in order to meet production deadlines. (R.B. Michael Press v. Galit, G.R. No. 153510, 13 February 2008)
Of course, since labor laws in the Philippines balance workers’ rights and employers’ business interests or management prerogative, it dictates that while emergency overtime work is allowed, the employees working under such overtime are entitled to additional compensation.
RELATED ARTICLES:
Can Employees Be Compelled To Render Overtime Work? – ALBURO LAW
Is Payment for Overtime Work Absolute? – ALBURO LAW
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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