Basis.

All employees required to work beyond eight hours in one workday is entitled to overtime pay. The basis of overtime pay is found in Article 87 of the Labor Code.

Article 87. Overtime work. Work may be performed beyond eight hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate for the first eight hours on a holiday or rest day plus at least 30 percent thereof.

Terminology.

Overtime Pay.

Overtime pay is the additional compensation payable to employee for services or work rendered beyond the normal eight hours of work. It is computed by multiplying the overtime rate with the number of hours in excess of the regular eight hours of work.

Overtime Work.

Any work performed beyond the normal 8 hours of work in one workday is considered as overtime work.

Workday.

A workday is the consecutive 24-hour period which commences from the time the employee starts to work and ends at the same time the following day. To illustrate, if the employee regularly works from 8AM to 4PM, his regular workday is the 24-hour period from 8AM to 8AM of the following day. Workdays do not necessarily corresponds to calendar days.

Overtime Pay Rates.

Overtime pay rates depend upon the day the work is performed, whether it is ordinary working day, special day, holiday or rest day.

For ordinary working day, an additional compensation equivalent to his regular hourly rate plus at least 25% thereof.

For holiday, special day and rest day, an additional compensation equivalent to the rate for the first eight hours on a holiday or rest day plus at least 30% thereof.

Computation of Overtime Pay

Assuming that the mininum wage rate is P250, how much is the overtime rate per hour?

On ordinary day

On an ordinary day, the overtime rate per hour is determined as follows:

First, compute the hourly rate of the employee:

Regular hourly rate = Minumum wage rate ÷ 8 hours
= P250 ÷ 8 hours
= P31.25 per hour

Now to determine overtime rate per hour:

Overtime rate = Regular hourly rate + 25% of Regular hourly rate
Overtime rate = P31.25 + (25% of P31.25)
= P31.25 x 1.25
= P39.06 per hour
On rest day and special day

Compute the hour rate of the employee on a rest day or special day:

Hourly rate = 130% of Regular hourly rate
= P31.25 x 1.30
= P40.625 per hour
(Note: The hourly rate on rest day and special day is 130% of the regular rate.)

To determine overtime rate per hour:

Overtime rate = Hourly rate on rest day + 30% Hourly rate on rest day
= P40.625 + (30% of P40.625)
= P40.625 x 1.30
= P52.81 per hour
On rest day which falls on a special day

Compute the hourly rate of the employee on a rest day which falls on a special day:

Hourly rate = 150% of Regular hourly rate
= P31.25 x 1.50
= P46.875 per hour

To determine overtime rate per hour:

Overtime rate = Hourly rate + 30% of Hourly rate
= P46.875 + (30% of P46.875)
= P46.875 x 1.30
= P60.94 per hour
On a regular holiday

Compute the hourly rate on regular holiday:

Hourly rate = 200% of Regular hourly rate
= P31.25 x 2
= P62.5 per hour

To determine overtime rate per hour:

Overtime rate = Hourly rate + 30% of Hourly rate
= P62.50 + (30% of P62.50)
= P62.50 x 1.30
= P81.25 per hour
On a rest day which falls on a regular holiday

Compute the hourly rate:

Hourly rate = 260% of Regular hourly rate
= P31.25 x 2.60
= P81.25 per hour

To determine overtime rate per hour:

Overtime rate = Hourly rate + 30% of Hourly rate
= P81.25 + (30% of P81.25)
= P81.25 x 1.30
= P105.625 per hour

Work need not be Continuous.

Work performed by the employee need not be continuous as long as it falls within the same work day. For example, an employee who works in two shifts, one from 8AM to 12AM (four hours), and another from 4PM to 8PM of the same work day (another four hours), suffers a total of 8 hours of work. If he is required to work for another hour within the same work day (from 8AM to 8AM of the following day), then such work is subject to overtime pay.

Undertime cannot be Offset by Overtime.

Some employers has the practice of offsetting undertime and overtime. For example, if an employee work for only 7 hours on any given day (one hour undertime), he will be required to make up for his undertime by requiring him to render additional one hour work on another day. This practice is prohibited under Article 87 of the Labor Code, viz:

Article 87. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by overtime work on any other day. x x x

The rationale for provision is quite obvious. Offsetting undertime against overtime is improper because the employee would be deprived of the additional compensation for the overtime work he has rendered. Note that undertime is covered only by the regular hourly rate whereas overtime is subject to additional overtime rate. If the two are to be offset, the employee loses overtime pay to which he is entitled.

Emergency Overtime Work.

As a general rule, employees may not be compelled to work in excess of eight hours or to render overtime work on any given day against his will.

The exception to this rule is found in Artile 89 of the Labor Code. Under the said article, employees may be compelled to perform overtime work in any of the following cases:

  1. When the country is at war or under any national or local emergency;
  2. When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety;
  3. When there is urgent work to be performed on machines, etc., in order to avoid serious loss or damage to the employer;
  4. When the work is necessary to prevent loss or damage to perishable goods;
  5. When the completion or continuation of work is necessary to prevent serious obstruction or prejudice to the business; or
  6. When overtime work is necessary to avail of favorable weather or environmental conditions.

Managerial Employees not Entitled to Overtime Pay.

Article 82 of the Labor Code states that the provisions of the Labor Code on working conditions and rest periods shall not apply to managerial employees. This includes overtime pay for overtime work. Thus managerial employees are not entitled to overtime pay for services rendered in excess of eight hours a day.

Cases

  1. Supervisory employees are considered as officers or members of the managerial staff, and hence are not entitled to overtime, rest day and holiday pay. (Nat’l Sugar Refineries Corp. vs. NLRC, G.R. No. 101761. March 24, 1993)

Last Edited: Friday, August 19, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
employee benefits, overtime pay, premium pay, salary, wages
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247 comments

  1. How is “Management Policies” defined in the line “The primary duty consists of the performance of work directly related to management policies of their employer”?

    [Reply]

    Ted Ferrolino Reply:

    employeex,
    The term “management policies” is not explicitly defined in the Labor Code, or even in the Omnibus rules where the phrase you cited were taken. As such, it should be understood in its common connotation or plain meaning.
    With that, management policies may be defined as those sets of policies affecting the management of the business. Examples are policies affecting personnel (personnel policies), production (production policies), quality control (QC policies), accounting (accounting policies), and so on. The manager tasked to oversee performance or execution of such policies may then be called personnel manager, production manager, qc manager, and accounting manager, respectively.

    [Reply]

    employeex Reply:

    I have established (though not totally convinced) that I am classified as member of the “managerial staff”. Therefore no OT pay is required on the part of the employer. However, it is a concern for me whether it is just to require us to render OT hours on a regular basis without additional pay. That is, from working 8 hours a day, 5 days a week, I am now required to work 9 hours a day. In sum, that’s from 40 hours to 45 hours a week.

    [Reply]

    Ted Ferrolino Reply:

    Yes, some employers actually do that to circumvent the law on overtime pay :-)

  2. I’m a nurse in a jewish company. Whenever they celebrate jewish holidays they offset the missed work day to Sundays. Like this week we didn’t work last Wednesday and Thursday, and they’re planning to offset it again this coming Sunday.
    Is this Sunday’s work considered overtime or we are not to excpect extra pay because it’s suppose to replace the Wednesay and Thursday missed work day?

    [Reply]

    Ted Ferrolino Reply:

    Offsetting of “no-work” days with Sundays or rest days is not allowed. You should be paid a premium (an additional of at least 30% of your regular wage) for work performed on Sunday (if it is your rest day).

    [Reply]

  3. preciosa mallari Comment:
    July 30th, 2010 at 09:39 am

    i just want to ask if it is legal if a employee consumed 8 hrs overtime the company deducted 1 hrs for it. i mean company only pay 7hrs overtime,company say they only pay 7 hrs because employees break time is it legal in law maybe u can provide me a copy of article regarding my concern.
    example:
    my schedule if 7am-3pm then i straight till 11pm
    my overtime should 8hrs but company pay me 7hrs only

    [Reply]

  4. Juliet Policarpio Comment:
    August 4th, 2010 at 10:42 pm

    Good Evening,

    I’m a pieceworker employee and i’m paid based on the total output i worked per day. In this case, i just want to know if the pieceworkers are entitled to a overtime pay?

    Thank you.

    Juliet Policarpio

    [Reply]

    Ted Ferrolino Reply:

    Pieceworker belongs to the category of employees who are paid by result (as opposed to employees paid based on time worked). Under the Labor Code, employees paid by result are not entitled to overtime pay.

    [Reply]

  5. aileen padilla Comment:
    September 6th, 2010 at 08:02 pm

    is it legal for an employer to change the regular schedule of his employees to avoid paying overtime? he keeps on doing this reasoning that i don’t have any students in the morning so i need to report at 11-8pm to complete the 8hr working hours. and if there are students in the morning he would tell me to report at 8-5pm. we don’t have any agreement on this neither it was on the company policy. it’s ok if this is legal but if not only the employer benefits on this. i can’t have any part time job because of this and it also affects my other duties as a working mother. thank you very much.

    [Reply]

    tats Reply:

    you can check how many hours you work in a week, It should be between 40 to 48 hours depending on your location. If your work hours exceed the above then you should be entitled to overtime pay. This is a peculiar case because i believe your company is not a project only contractor, like a construction company for example. Other than that, there should be an agreed working hours upon which you can base the computation of your overtime pay as the case may be.

    [Reply]

    Ted Ferrolino Reply:

    Thanks for the input tats!

    [Reply]

    Ted Ferrolino Reply:

    The fixing of employee schedule is a management prerogative, often dictated by the exigencies of the business. As long as it is reasonable, and you are not required to render more than 8 hours of work in a day, you cannot legally demand overtime pay.

    [Reply]

  6. Hi,

    for weekends we do have 2 shifts morning and night.
    sample 2am to 11 am (saturday shift) and 11pm to 8am.
    will the 11pm to 8am be considered overtime? or just the 11pm to 12pm is considerd ot and the rest of the hours be considered regular shift.

    thanks

    [Reply]

    Ramirez Reply:

    Omnibus Rules Implementing the Labor Code: a “day” shall mean a work day of twenty-four (24) consecutive hours beginning at the same time.

    In your case, 2am on the following day is reckoning of your work day. Any work hours in excess of 8hrs within this period is considered OT.

    [Reply]

  7. Hi!
    I am just wondering, managers are not paid over time so will it be against the law if a manager refuses to render an over time or it will be just an issue of ethics? Can the company take it against him?(not doing an over time)

    [Reply]

    Vince Reply:

    ..the manager cannot refuse if their is a necessity for his/her team to render overtime except for “reasonable” reasons of not doing so. it is prerogative in his position as manager to be present whenever his/her team is working. that’s the essence of being a manager which of course “known already” to those who are promoted to be such.

    [Reply]

  8. Good day Sir. I enjoy reading your blog and it so informative. Please continue to write this blog. My query is about a cashier who works from 8-5 with 1 hour lunch break (8 hours working time). After work, she still has to make cash count which lasts upto 5:30-5:45. Is she entitled to the over time pay? Also, Is it ok if the company has a policy wherein they will start computing overtime at 6 pm in order to prevent employees from lingering at the office?

    [Reply]

    Kaye Reply:

    Work hours is defined in the Labor Code as the time an employee is required to be at a particular place. If work starts at 8am, then any work done beyond 5pm is subject to OT pay. Though some companies compute overtime on an hourly basis so I don’t think 5:45 will cut it. I’m not sure this is legal though, just my thoughts.

    [Reply]

  9. I’m working in a foreign service company, and our clients are globally. Our team supports asia pacific clients and we are required to work even on Philippine holiday and we are not paid overtime but given extra day vacation leave which we must consumed within 3 months. Are we entitled for overtime pay? extra vacation leave does not have any premium because 1 holiday is paid 1 day additional vacation leave only.

    [Reply]

  10. is it legal for a manufacturing company to require their employees to work from 8:30am to 6:00pm? i think this is already beyond the 8-hr workday plus 1-hr lunch break. what are possible legal reasons can the employer cite for requiring employees to have a total of 9.5hrs a day? thank you

    [Reply]

  11. im a chef in a hotel, i was wondering since i am in a managerial position, and i am working 6 days a week and work for 9 hours a day… never mind the overtime… doesnt exist…

    [Reply]

  12. and another thing, the hotel charges 10% service charge and its been like months now… still haven’t received the service charge. is there any law telling them when can they pay us the service charge? i think they are 4 months behind right now…

    [Reply]

  13. can anyone help me clarify or enligthen me on the subject of overtime. is there a law that regulates overtime hours? in the company i’m working with states that we are only require a 60hours overtime per month. is this true?

    [Reply]

  14. As of now all employees of Tahanan ni Aling Meding Hotel, Dagatan Blvd., Sampaloc Lake, San Pablo City. We have no benefits, like SSS, phil health, pag-ibig especially the 13 month pay.
    They already audited by DOLE but we have no action from the owner….
    What shoul we do?
    Pls. help me…..

    [Reply]

  15. s of now all employees of Tahanan ni Aling Meding Hotel, Dagatan Blvd., Sampaloc Lake, San Pablo City. We have no benefits, like SSS, phil health, pag-ibig especially the 13 month pay.

    They already audited by DOLE, the name of Ernesto Cruz but we have no action from the owner….Mr. Wilson Borja

    What should we do?
    Pls. help me…..

    [Reply]

  16. noel juguilon Comment:
    December 16th, 2010 at 04:39 pm

    what if our payroll cut off is from november 26 – december 10 and december 11 – 25, and I worked december 8 to 14 straight..my question is, is the 14th day of december considered as worked on a rest day?

    [Reply]

    Ted Ferrolino Reply:

    If your weekly rest day is fixed or has been set, then work on your scheduled rest day is subject to additional compensation. If you have no regular rest day, your work on Sunday shall be paid additional compensation (Sunday is deemed as your rest day).

    [Reply]

  17. Hi, I would just like to verify regarding Overtime pay, Special and Legal Holiday pay. We are paid per shift basis for basic rate plus allowance, in Overtime pay, Special and Legal Holiday pay are we not eligible for allowances? example for Legal Holiday it should be double pay right?should the allowance also be doubled? bec.in our overtime pay we are only getting hourly rate plus percentage for overtime then no allowance rate.

    [Reply]

  18. Dindo caballero Comment:
    January 20th, 2011 at 05:20 pm

    DINDO,
    IS SUPERVISORY POSITION BELONGS TO MANAGERIAL POSITION?
    If it isn’t where it is belong?

    [Reply]

  19. Susan Nazarrea Comment:
    January 30th, 2011 at 02:56 pm

    Scenario:A company truck driver instructed to deliver goods & services somewhere in Mtro. Mla., after he delivered the items he was unable to drive the truck back to warehouse due to truck ban hour (truck ban period: 6:00 am to 9:00 am and 5:00pm to 9:00pm). He has no choice but to wait until 9:00pm.

    QUESTION:1. Is the driver & helper entitled to claim overtime pay during the truck ban period while they are waiting and remain idle?
    2. what labor code can we used as reference for this query?

    [Reply]

    Ted Ferrolino Reply:

    As a general rule, an employee who worked beyond 8 hours is entitled to overtime pay under Art. 87, LC. The exceptions are government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another and workers who are paid by results.
    Thus, unless the company truck driver and helper fall under exception, they must be paid overtime pay.
    In one case, the court has ruled that company driver is not considered field personnel, hence not excluded from the coverage of the law. (See this case.)

    [Reply]

    Jef Mendiola Reply:

    Are truck drivers and their helpers working for a hauling/delivery company considered as field personnel?

    [Reply]

  20. hi i just want to know about the computation of a special holiday if worked?

    example is that i have a P750 per day as regular.

    the example of our company computation is…

    P750 is already belong to the basic rate of per day. then if worked at that special holiday is additional 30%.

    so if i worked of 5hours at the special holiday i got only P140.62..

    because it is 130% rating at the special holidays, and they say the 100% is already at the basic pay, and the 30% only per hour they will pay as…

    please advice

    [Reply]

    Ted Ferrolino Reply:

    You mean you’re getting P140.62 in addition to the P750 basic pay, or a total of P890.62 for five hours work? Actually, it is even more than what you’re supposed to get :-)

    The proper computation should be:

    Hourly rate on special day = 130% x [P750 / 8hrs]
    = P121.875 per hour

    Holiday pay for 5 hours work = 5hrs x [P121.875 per hour]

    =P609.375

    [Reply]

  21. This is a very helpful post, especially for us who are in the auditing industry. The accountants and the auditors almost stay and sleep in the office doing overtime jobs just to chase the deadlines.

    [Reply]

  22. Hi Sir,

    If an employee worked for 12 hours on a Saturday (a rest day), and his basic rate per hour is Php 482.16, his total pay for the day would be:

    1st 8 hours: P 5014.46
    in excess of 8 hours P 3259.40
    Total P 8273.86

    Please advise if my computation is correct. Thannk you.

    [Reply]

    Belle Reply:

    Dear sir,
    I just want to clarify f my computation of Day Rest Duty (DRD) is right. If an emplotee work in excess of 8 hrs. for example the employee work 12 hours on sunday. Example minimun rate Php. 426.00

    1st 8 hours : 426.00 x 1.30% = 553.80
    in excess of 8 hrs. (DRD OT)= 4 hrs. x 53.25 x 1.69 %= 89.99 ( in excess of 8 hrs. X rate per hour X 1.69%)
    Total= 643.79
    Pls. advice me f my computation is right.

    thank you

    [Reply]

    Belle Reply:

    For correction of computation.

    in excess of 8 hrs. = 4 hrs. x 53.25 x 1.69%=359.97

    Total day paid= 913.77

    [Reply]

  23. Sir,

    I rendered an OT from 9:00 am to 3:00 pm, my boss decucted 1 hour from the total OT I have render, he said that the 1 hour dedustion is for the breaktime. Now, is that legal?

    [Reply]

  24. Dear Sir:

    I am working with PNP, are we entitle on the overtime pay if yes, what particular Rules or Regulation under the Civil Service Commission Code we could used as our reference.

    Thanks po.

    [Reply]

    Ted Ferrolino Reply:

    Check this: Napolcom Memorandum Circular 2000-002 downloaded from Napolcom website, link here.

    You might also find this an interesting read.

    [Reply]

  25. Rex D. Yurong Comment:
    March 10th, 2011 at 05:22 pm

    There are government employees required to render work outside of stations as they are engaged in the Regional/Provincial official sorties of President of the Philippines. These government employees availed the allowable per diems..

    However, there are activities during the President’s engagements that require the Government employees to render beyond the usual eight (8) hours work and even beyond Saturdays, Sundays and holidays.

    The query is:
    Are these government employees entitled to overtime pay for hours beyond eight (8) hours; for works rendered during Saturdays, Sundays and Holidays?

    Thank you very much.

    [Reply]

    Nimfa Montevirgen Reply:

    We need to pay some surveyor from NGCP, how to compute their overtime pay for saturday and sunday? Please help me. Thanks

    [Reply]

  26. Hi Sir

    From what I understand if we worked on a legal holiday employee shall be paid twice his regular rate. Our company requires us to work for half day only (4 hrs) on a legal holiday. Are we eligible for a double pay?

    [Reply]

    Ted Ferrolino Reply:

    Yes.

    [Reply]

  27. carlo cantoria Comment:
    April 6th, 2011 at 11:17 pm

    Hi Sir,

    please help me i`m asking for a immediate supervisor is entitled for overtime pay. because my job discretion is supervisor

    [Reply]

    Ted Ferrolino Reply:

    Supervisory employees are entitled to overtime pay, unlike managerial employees who are expressly excluded by law.

    [Reply]

    marvin Reply:

    We worked for a marketing agency, i would like to ask if we are covered by the offsetting law (if there’s any ), because we always worked beyond 8 hours and we’re just only saying that we could offset those time that we worked over 8 hours, although it is not included in our contract. is it possible to happen or legal in nature?I’m a project supervisor for the said marketing agency…..

    [Reply]

    jon Reply:

    supervisory employees are considered management, and are thus not entitled to overtime pay. as to why management are considered supermen who don’t need to be paid OT, i don’t know the answer.

    [Reply]

  28. baffled_insane Comment:
    April 16th, 2011 at 02:41 pm

    hi! i just want to clarify something.is the double pay on regular holidays only applicable for employees who are working on a daily rate(no work no pay employees) cause that’s what our payroll officer told me when i inquired about my pay last april 9 cause we were requested to work on that day which was on a saturday(rest day) and also a regular holiday. she said that i’m paid on a monthly basis(fixed salary) so my holidays are paid even if i go to work or not on holidays. so the multiplier for it was only 1.6 instead of 2.6 ( like what is stated above).hope to hear from you soon. i want to have a better understanding about such policy. thank you!

    [Reply]

    Ted Ferrolino Reply:

    All employees, whether daily-paid or monthly-paid, are entitled to holiday pay (which is double pay on regular holiday). The only difference for monthly-paid employees is that their holiday pays for the entire year are already incorporated in their fixed monthly salary.

    But for the purpose of computation of overtime pay, the same basic principle applies:

    Overtime rate = [Hourly rate] + 30% of Hourly rate
    where,
    Hourly rate = 200% of regular hourly rate

    So, IMO, the multiplier should still be 2.6 of regular hourly rate.

    (I’m not saying 1.6 is wrong, I just can’t figure out how it was arrived at.)

    [Reply]

  29. Hi,

    I want to clarify coz I am currently a Jr. Team Leader or Jr Supervisor, am I not entitled for additional pay on holidays (double pay or add’l 30%)? Also my salary is currently not on the rate for a Supervisory position. Our labor code says that Managerial Positions are exempted for additional pay on holidays. Therefore, are they not required to work on holidays?

    Thanks for your help!

    [Reply]

    Ted Ferrolino Reply:

    Supervisory employees are generally considered as members of managerial staffs, and are not entitled to holiday pay under the Labor Code. (However, it is not the designation of employee that determines whether he is managerial employee or not, but the nature of his work. Read more about managerial employee here.)

    [Reply]

  30. Are Casual Employees entitled to holiday pay? i mean an extra pay beyond 8 hours work.

    [Reply]

    Ted Ferrolino Reply:

    Yes. Casual employees are also entitled to holiday pay, overtime pay, and premium pay on special days and rest days.

    [Reply]

    enigma Reply:

    thank you for informing that sir, but if the company didn’t pay the special holiday . what act should we do… thank you and more powers..

    [Reply]

  31. I want to clarify the February 25, 2011 special holiday for all schools as declared by the Malacañan Palace and DOLE. I’m working as general clerk / admin staff of our special school for deaf. I noticed that our company doesn’t honor that ruling from the DOLE. We followed that special holiday not to report for work, Instead upon receiving my pay salary, they deducted to me that Feb. 25. Kindly help me with this, so i can discuss this to our HR department. Thank you in advance.

    [Reply]

    Ted Ferrolino Reply:

    February 25 is a special holiday (for schools) and not a regular holiday. The principle of no work no pay applies.

    [Reply]

  32. Anne Infantado Comment:
    May 12th, 2011 at 01:11 pm

    Hi!

    Please enlighten me.

    In a regular Saturday our company requires 4hrs of work, to sum up we are rendering 44hours/week.

    April 9 is a regular holiday which falls on Saturday.

    I’m receiving 488/day which is equivalent to 61/hour.

    If i worked 8hours, is it correct that my additional pay or my OT pay is 488?

    Is it also with the same computation if a company practice No work but still with pay during Holidays?

    Thanks.
    Anne

    [Reply]

  33. LEONILO VELASCO Comment:
    May 12th, 2011 at 05:34 pm

    I was rendering duty halfday on April 30, a day before labor day, am i entitle to receive the holidy pay?

    [Reply]

  34. I am a full time faculty member in one of the State University here in our region. Aside from having a 24 units teaching load, I am also assigned as the Head of the BAC Secretariat since 2007. To give administrative support to the BAC I am working after office hours and even during Saturday. I even work during Christmas Vacation, April to May. The honorarium given to me depends upon the no. of Public bidding conducted and always not given in full because of no budget. There was a time that out of 13 public bidding only three was granted so I was given Six Thousand Pesos. Lately I was informed that I am not entitle to any service credit because I might be charge of double compensation. This means that in the four years that I am working in the BAC Office is all free of charge.. Please enlighten me on this issue..

    [Reply]

  35. Faith Salen Comment:
    May 17th, 2011 at 12:29 am

    hi my name is faith,i would like to ask if my hourly rate is 69 and i have a regular shift on legal holiday which is for 2 days total is 24 hours how much should the total be and if i have an overtime for 4 hours on top of it how much should it be? pls reply to my email as i always have a discrepancy on most of my pay and hr states that my houlr rate should just be multiplied to 100% and not 200% on legal holiday becaus they say that the 69 per hour is already the other 100%.is that correct?

    [Reply]

  36. ROSEMARIE Comment:
    May 25th, 2011 at 03:49 pm

    I want to check what is the policy for computing the overtime pay if you are on a shifting schedule? For example, April 30 (sat) sked is 10pm to 6am. If Sunday is legal holiday, does this mean your 12am to 6am will be computed as legal holiday?

    [Reply]

    Ted Ferrolino Reply:

    Strictly speaking, yes. But companies may adopt different methods of computation to simplify their bookkeeping, provided it is not intended to circumvent the law.

    For example, a company may use the start of the shift as the basis for determining eligibility for holiday pay. In the example you gave, the full-shift (straight) on Saturday may be treated as a work on regular day, instead of treating it as 2 hours regular and 6 hours holiday. Accordingly, the same shift on Sunday should be treated as a work on a holiday.

    I see nothing wrong with this manner of computation as along as it is consistently applied.

    [Reply]

  37. How do you interpret \No provision for overtime payment\?
    thank you

    [Reply]

  38. Do you need to deduct one hour for overtime rendered beyond 8 hours? example actual ot time 18.75 hrs, should the overtime pay be computed only for 17.75 hrs?

    hope to have your reply soon. tnxs

    maylene

    [Reply]

    Ted Ferrolino Reply:

    What’s the deduction for? If you actually rendered 18.75 hours overtime work, you’re entitled to 18.75 hours overtime pay.

    [Reply]

  39. Hi! I always work on overtime and our company is giving us our OT pay. However, when I searched for the it’s computetion, I found out that our OT pay was not computed correctly. Can we complain about this matter? Thanks and more power!

    [Reply]

  40. Hi! I always work on overtime and our company is giving us our OT pay. However, when I searched for it’s computation, I found out that our OT pay was not computed correctly. Can we complain about this matter? Thanks and more power!

    [Reply]

  41. if a monthly paid employee works on a rest day, that is a regular holiday, and it is also OT…how is their pay calculated?

    [Reply]

    vivian Reply:

    I would to ask if below case of supervisor is entitle for overtime pay.

    Supervisor has fix monthly pay. If the employee require him to work on Regular Holiday which also falls on Sunday (rest day). Will he be entitled for overtime time or allowance maybe?

    [Reply]

  42. Hi Sir,

    The 44hr work week (4 days 8am-6pm and 1 day 8am-5pm) was mentioned in the contract I have signed. Does this make the 9hr a day legal? Or the company is still required to pay the extra hr required as OT?

    Thanks

    [Reply]

  43. Hi Sir,
    i worked on shifting basis. my monthly salary is aroung 40k, 25k as basic pay and the rest are for allowances. if i will calculate my per day rate to get my hourly ot rate, should it be 40k ÷ 8 hours or 25k÷ 8 hours? my company uses the later, is it right?
    and when a holiday falls on the day that i have to work from 2300-0700, i was getting only 1 hour holiday pay. for example dec 25 is holiday, im rest day on dec 24 and have to work on dec 25 at 2300-0700, they said im entitled only for 1 hour holiday pay, is it right?
    most of the time my rest day falls on holidays, and im getting a regular pay, is it right?
    we are supposed to work 8 hrs a day, but we are required to report 20 minutes prior to our schedule, are we entitled for OT?

    [Reply]

  44. Hi Sir/Mam,
    I’m an employee of a private sector. My question is Do you have a computation of overtime pay for monthly paid employees? Because I feel I wasn’t paid adequately by my employer and the laws I read here does not explain how is it computed for a monthly based employee.
    For example if Iwas earning Php3000 a month they computed may salary as Php10 per day so my half month is Php 1500. And if I had a duty on a restday they would only give me an additional 3 pesos for the 8 hours work I rendered. The total salary I will receive will only be Php1503 per half month. Please give some advice.

    [Reply]

  45. greetings…
    my working hours is from 8am to 6pm. baically, i work 8 hours plus 1 hour overtime. but recently our company passed a memo stating that instead of 1 hour break, we will be having 2 hours break time. 30mins in the morning, 1 hour for lunchbreak and another 30 mins in the afternoon.. in other words, we no longer have an overtime pay…is this legal or not??
    thank you and God bless..

    [Reply]

  46. We are required to stay beyond our 8 hour shift for a 15 to 30-minute meeting, sometimes longer.. They check our attendance and give us disciplinary points when we don’t attend but they don’t pay OT.

    Is the meeting considered OT even if it’s under an hour even if it’s only a meeting?

    [Reply]

    Ted Ferrolino Reply:

    If attendance at the meeting is mandatory, it should be considered hours worked. The Omnibus Rules states: “All hours are hours worked which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.” (Section 4[a], Rule 1, Book Three, Omnibus Rules Implementing the Labor Code)

    [Reply]

  47. Is the total pay during special/regular/rest day considered overtime pay? And hence, excluded from the computation of 13th month pay? Example: Basic rate P400.00/day. The total amount payable to him on, say, May 1 (labor day), a regular holiday, is P400.00 x 200% = P800.00. How much is basic pay, if any, and how much is overtime pay out of P800.00?

    [Reply]

  48. I’ve heard of some private companies who require their employees to render more than 8 hours of working time. All the excess hours are still treated as normal work hours, meaning, they do not pay them out as overtime. Is that legal?

    [Reply]

    Ted Ferrolino Reply:

    Some companies adopt a compressed workweek (CWW) scheme. Under this scheme, the workdays of the employees per week are reduced (e.g., 5 days instead of the usual 6 days), but to compensate, the employees are permitted to work beyond eight hours a day without overtime pay.

    If the company has not adopted a CWW, the employee must be paid overtime pay for all work performed beyond 8 hours in a day.

    [Reply]

    Kim Piet Reply:

    This is the 1st I’ve heard of the CWW. We have a residential child caring agency and the caregivers would like to adopt 12 hour shifts for 3-4 days/week. They would still average only 38.5 hours/week each and would benefit from a total of 7 days off every 2 weeks, reducing their travel costs, etc. can this be done without paying the OT for every shift? If so, does it require a MOA or approval by the DOLE? We have less than 10 employees and are a NGO if that matters. We strive to stay legal and benefit our employees, but also are a charitable organization that must be frugal with our funding.

    [Reply]

    ice Reply:

    The company that I worked for requires as to render more than 8 hours a week, 8-5:30 and first Saturday of the month. My question is how would we know if the company have adopted the CWW? And as I was reading the labor code, I saw that employees should render services 8hours a day, 5 days a week, how come there’s need for the CWW to compressed the 6days work?

    [Reply]

  49. Eugene Labio Comment:
    August 1st, 2011 at 10:23 pm

    Our Company has the practice in conducting a training or seminar event during Sundays and Holidays and they don’t pay us an overtime pay. What are the basis of the legality of this practice?

    [Reply]

  50. seng quinto Comment:
    August 3rd, 2011 at 10:44 pm

    the company requires us to attend a seminar that fell on a holiday which is mandatory because of governmental accreditation pre-requisite. is there a corresponding holiday pay for attending the seminar?

    [Reply]

  51. What is the standard number of hours to be considered Overtime? Is a 30-minute OT be considered overtime?

    [Reply]

    Ted Ferrolino Reply:

    All work performed beyond 8 hours in a day is considered overtime work. Yes, the 30 min OT is compensable overtime work. I’m not aware of any legal standard on this though.

    [Reply]

    girl24 Reply:

    hi, just wanna ask if you already received a reply about your post regarding 30 min OT.. because with our company we are force to work OT 30 min everyday without pay. thank you

    [Reply]

  52. my husband’s company requires at least 4 hrs OT before it will be credited as OT with pay. If the employee has worked overtime for 3hrs, they will not receive an overtime pay. Is this proper? Is it the discretion of the private company to make their own policy on this?

    [Reply]

    rod Reply:

    hours spent in excess of 8 hours is already an overtime without exception as long as that 3 hours O.T is authorized and valid. It would already be a ground for unfair labor practices act and you can demand payment for that.
    Good luck and God Bless.

    [Reply]

  53. Hi!

    I would just like to ask something, I hope someone can educate me with this, I work at a BPO Company(Call Center) and our regular working days are mondays through fridays.. always mondays through fridays.. 9pm to 8am.. this coming Oct 1st 2011(Saturday, a week from today) they are requiring us to come to work for training, I am assuming that would fall under Rest Day OT, so technically we are going to work 6 days for that week, and the company is saying we don’t have a say about it. Anything wrong with this scenario? Is Rest Day OT optional?

    [Reply]

  54. may i know how to compute overtime on CWW schedule? how is leave applied to this schedule?

    [Reply]

  55. Ex Employee Comment:
    October 12th, 2011 at 08:50 pm

    Hi, I badly needed your advise.. i already resigned but my Company is asking me to render more than 30 days notice.

    According to them, the even the contract is already expired where i signed the 60 days notice, it is still imposed and i should render it; otherwise, they will file a technical case against me.

    Please advise on this.. thanks

    [Reply]

  56. Hi, I need some advice. Our company caters to US clients, so we usually report to work on Phil. Holidays. I filed a leave on Nov. 7 – Mon, which happened to be declared as a holiday. Should the company take away 1 leave credit from me even if the day that I’m on leave is actually a holiday? Thanks a bunch!

    [Reply]

  57. do teachers have overtime pay?

    [Reply]

  58. what if i work on oct 29, 2011 on halfday either 8-12 or 1-5, am i entitled for holiday pay in one day or in half day basis only?

    [Reply]

  59. Good morning, just want to clarify something regarding overtime. Ex, I render halfday VL 8-12 then I came to work 1-5. exceeding 5PM, is it overtime? Shall I get overtime pay if I work on 5PM to 8PM?

    [Reply]

    Jun Reply:

    This is also my question. I have not seen even from other websites clear answer on this. They always tell “no offsetting” but on 2 different days (another day). How about your case where in the v/l or undertime (or even late) at the start of work but rendered work after the official time? If the total work hours rendered on that same day does not exceed 8 hours, should the work redered after the official time be still considered overtime?

    “Some employers has the practice of offsetting undertime and overtime. For example, if an employee work for only 7 hours on any given day (one hour undertime), he will be required to make up for his undertime by requiring him to render additional one hour work on another day. This practice is prohibited under Article 87 of the Labor Code, viz:”

    Article 87. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by overtime work on any other day. x x x

    [Reply]

  60. i worked last nov 5,6 and 7 which falls on regular holiday,, then on nov 8,, i was not able to go to work because i am sick,, and i did not file sick leave because i dont have any leave credits. my question is,, did the company still pay for my Nov 7 work?

    [Reply]

  61. Hi! I understand that the law explicitly states that managerial positions are not entitled to overtime and holiday pay, however, the company I am working for has been paying me for such over the last year. And come the next pay out, we were informed that I will no longer be given overtime and holiday pay. My concern is that after a year of being entitled to it, they would just stop the ot payment without prior notification. We were only informed the day of the payout. Is this legal?

    [Reply]

  62. Hi good morning, i just want to ask if it legal to have an overtime everyday (atleast 2 hours and sometimes 3 hours a day). I am working on a BPO company.

    [Reply]

  63. Hi, I would like to ask if government employees are entitled to overtime pay. If yes, what would be the proper computation for it? Thanks.

    [Reply]

  64. Good Day Sir,

    Gusto ko lang pong malaman kung pano magcompute ng OVERTIME PAY, that falls on REGULAR DAYS, HOLIDAYS, AND REST DAYS based on the latest Labor Code of the Phillipines, I’m currently working in a Electric Cooperative.. Medyo mababa kase mga overtime pay namin.. kung 130% pag restday, and 200% pag holliday..

    thanks!

    [Reply]

  65. I am not quite sure if somebody will be able to understand my predicament as I am working in a fairly new industry – BPO, specifically, Medical Transcription, home based. I will try to simplify the issue as much as I can.

    Our company was recently purchased by an International company, with the initial provision that everything shall remain status quo, including policies, salaries, benefits. The new company was started only in 11/2011. We were previously paid in the old company the overtime rate of 150% per hour for every 56.25 lines of transcription for regular OT and for 6th day OT. For 7th day OT, we are paid 200% per hour for every 56.25 lines of transcription. However, the new company is now instituting a new overtime policy. For regular day and 6th day overtime, we are required to produce 150% transcription lines as well per hour, meaning from 56.25 lines, we now have to produce 84.375 lines to be paid the 150% overtime rate and for the holiday and 7th day OT, we have to produce 112.5 lines to be paid the 200% per hour OT. Does this constitute diminution of pay? I really would like an answer as we are being required to sign a new contract with these changes on the overtime pay, to take effect 01/01/2012.

    Thanks a lot for whoever can help.

    [Reply]

  66. Is 20 minutes considered overtime already?

    [Reply]

    Kate Reply:

    In our company, hours or minutes spent in excess of the required 8-hour work is automatically computed as OT pay. Article 87 did not specify whether minutes or hours so I suppose 20mins. is still considered as OT.

    [Reply]

  67. Sir, is it legal if the overtime pay of a employer is just 25% of the regular hour pay?

    ex.

    P100.00 per day
    100/8=12.5 per hour (regular hour for the day)

    computation of OT pay:
    P100 x 25%= 25 pesos per hour

    the way it should be (i think):

    P100 + 25%= 125 per hour.

    i dont find any logic about this computation. if i render 5 hours of overtime, i only get 125 pesos.
    i asked my HR supervisor about their computation but shes told me “ganyan talaga ang computation ng monthly basis. 25% percent lang ng sahod mo per hour lang ang dapat sa OT mo”. is this even legal? can you give me articles/ memorandums or any legal documents that will clarify my problem. thank you in advance sir.

    [Reply]

    joanne Reply:

    Your pay should be computed as:

    per hour rate + 25% of your hourly rate = 1.25%

    example:
    100 + 25 = 125 x no. of overtime hours (4)

    125 x 4 = 500 – this should be your payment for your 4hrs overtime.

    i hope i was able to help. you can find the overtime premium computation from DOLE site. God bless!

    [Reply]

    geff Reply:

    Thank you for your reply maam, what can you suggest for my situation?
    i should have 125% of my hourly rate instead of only 25% only.

    [Reply]

  68. Hi!

    I enjoyed reading this blog very informative, but I just need to clarify something.. For example, I’m working on a regular shift from 9AM-6PM, from Monday to Saturday, so that will be 6 days straight, will my 6th day be considered as OT?? does it have any special calculation for payment?? Pls help.

    Thanks.

    [Reply]

  69. This is the 1st I’ve heard of the CWW. We have a residential child caring agency and the caregivers would like to adopt 12 hour shifts for 3-4 days/week. They would still average only 38.5 hours/week each and would benefit from a total of 7 days off every 2 weeks, reducing their travel costs, etc. can this be done without paying the OT for every shift? If so, does it require a MOA or approval by the DOLE? We have less than 10 employees and are a NGO if that matters. We strive to stay legal and benefit our employees, but also are a charitable organization that must be frugal with our funding.

    [Reply]

  70. betty la fea Comment:
    January 30th, 2012 at 09:43 am

    Hi,
    To whom it may concern.
    I am working in a call center industry. I would like to ask for a clarification. As written on our company handbook, employees are only required 5 days 9hours of work. Before the management is asking agents if we are interested in rendering rest day overtime, but now they no longer ask agents any confirmation if we are interested in rendering rest day OT, they will plot our schedules automatically for 6 days if we are not able to work for 6days this week, which is so unfair on our part as agents.I was able to ask my supervisor about this issue and the reason that was provided to me was, “BECAUSE THERE NO AGENTS RENDERING REST DAY OT THATS WHY WE PLOTTED 6DAYS WORK FOR THOSE AGENTS WHO JUST WORK 5DAYS FOR THIS WEEK” on my part, i was plotted 6days this week and 6days next week which not matching with the explanation provided to me by my supervisor… I would like to know if what we can do about this? This has been an issue to our management. Isnt it is against the labor code. We are entitled for our resday, right? I need your reply on this. Thanks a lot..

    [Reply]

    Ramirez Reply:

    Under the law, max working hours is 48hrs or 6 days. A 24hr – rest period should be given after 6 consecutive days. If the choice of the employee as to his rest day based on religious grounds will inevitably result in serious prejudice or obstruction to the operations of the undertaking and the employer cannot normally be expected to resort to other remedial measures, the employer may so schedule the weekly rest day of his choice for at least two (2) days in a month.

    [Reply]

    Bambi Reply:

    What must an employer do if due to exigencies of work (business financial deal), it will require an employee to work 7 days consecutive. Managerial or non- manegerial, employee agreed to work and be paid OT pay.

    [Reply]

    Ted Ferrolino Reply:

    The employer may require the employee to render overtime work (Article 89, LC) and work on rest day (Article 92) in case of emergencies. The employee must be paid overtime work and rest day pay accordingly.

  71. On the Labor Code’s provisions for CUMPOLSORY OVERTIME: 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

    … and employer should pay OT.

    Time when to start charging OT cannot be legislated because of different industries. What’s clear is any excess of 8hrs within the working day is OT payable.

    [Reply]

  72. what is the maximum or allowable number of hours perform in a day?

    thanks.

    [Reply]

  73. barely_audible Comment:
    February 7th, 2012 at 07:09 pm

    Hi,

    I hope someone with legal expertise can help out in 2 issues we have in the office:

    1. Our company observes a compressed workweek, asking us to work 9hrs for 5 days (excluding lunch break). While I understand that managers are not entitled to overtime pay, I am concerned for my subordinates who are sometimes asked to render overtime work but are only paid on the condition that the total OT work exceeds 3hrs (minimum) and for which they will be paid PhP150 for those 3hrs worked. The labor code indicated a certain percentage for OT pay. Is our company’s policy on OT against the labor code? Or could they get away with the excuse that this policy was clearly stipulated in the employment contract during hiring date, thus binding and enforceable?

    2. My second concern is the assignment of tasks outside of job description. My official title is Project Manager (IT industry), but I am oftentimes asked to help out with marketing work and sometimes Systems Analyst work. It’s said that managers are not entitled to OT pay. But in instances when I am asked to render overtime work that’s not Project Management- related, but is definitely marketing or systems analysis work, would I be entitled to overtime pay, considering I play several roles?

    I hope you can educate me on these.

    It’s very comforting to know there are resources like this that we can go to. More power!

    Regards!

    [Reply]

  74. Hi.. I just want to ask if there’s a case we can file to our management about overtime work without pay.. our office hours is 12pm-9pm, but we are force to work until 9:30pm everyday without pay.

    [Reply]

  75. im working in a BPO company, i just want to know if the company is obligated to pay us everytime we are force to do 30 min overtime work. thank you

    [Reply]

  76. Hi,

    I just wanted to ask what is the minimum number of hours an employer should give an employee before asking him to report back to work. I have a 6am to 3pm shift and is being asked to report back to work the following 9pm which only gives me a 6 hour window to travel to and from the office, spend time with my family, eat and rest.

    Thanks!

    [Reply]

  77. I would just like to clarify the total breaktime of our straight time employee. Example: His shift 10-6. He came at 6am and went home at 7pm. My question, how many times that he’s allowed to have breaktime? And how many hours he must consumed? How many hours do i have to pay the overtime? Thank you

    [Reply]

  78. BTW, besides these requests, the company changes the employee schedule constantly that you can’t make plans around the work schedule.

    [Reply]

  79. Is it legal for a company to have a cut off on the 1st to the 15th and employees will be paid on those days on the 30th? Next cut-off is 16th -30th and will be paid on the 15th of next month?

    [Reply]

  80. Hi,

    My husband is going to work for construction firm, but the salary he will receive is minimum but the working hours more than 8hours / most likely he will be working up to 12hrs shifting schedule, is this is against the law or employers tactic to avoid overtime pay?

    [Reply]

  81. What must an employer do if due to exigencies of work, it will require an employee to work 7 days consecutive. managerial or non- manegerial, employee agreed to work and be paid OT pay.

    [Reply]

  82. Hi Atty,

    Good Morning

    My question is, Company A has 5 working days and 2 rest days ( sat- sun ). what if they ask an employee to work on saturday and sunday. is the employee entitled for restday premiums for 2 days? or would it be treated as 1 day with rest day premium and one is considered as regular day?

    [Reply]

  83. Nhea Franco Comment:
    March 9th, 2012 at 10:07 am

    Does an overtime before the working hours if approved should be paid?

    [Reply]

    Ted Ferrolino Reply:

    Hi! What do you mean by “overtime before the working hours”? Anyway, as long as you worked more than 8 hours within a day (24-hour cycle), you are entitled to overtime pay.

    [Reply]

    mich Reply:

    the law states that work rendered beyond eight (8) hours is entitled to overtime pay. therefore, in nhea’s example, “overtime before working hours” should be compensated as OT pay.

    i think what nhea means when she says “”overtime before working hours” is that for example, her shift is 8am – 4pm and she renders work from 4am of that day (therefore is at the office from 4am to 4pm).

    [Reply]

    MAJ Reply:

    Actually, the same thing applies to our company. Our regular shift is at 8:30am-5:30pm and OT pay starts at 5:45PM. If someone is required to come in the office at 7:30AM, then they will have a 60mins “MORNING OT”.

    A related/add-on question to this would be, if an employee is scheduled to come at 7:30am, they log-in at 7:30AM and log-out at 5:40PM, are they entitled to just 60mins OT or would it total to 70mins OT instead (+ the afternoon overtime of 10 mins)?

    I hope to hear from you as I’m currently automating the Payroll/Timekeeping system in the company.

  84. Frustrated overtimer Comment:
    March 22nd, 2012 at 12:03 pm

    In the company that I am working right now, we signed the contract for 6-day workweek, however, we are only asked to work 5days with 2 rest days. But the company is forcing us to render 30-minute overtime. Sometimes, we are forced to work 1 hour ahead of our scheduled shift, and NO PAY. Is this acceptable by law?

    [Reply]

  85. Lani Hontiveros Comment:
    April 2nd, 2012 at 07:44 pm

    Hi, I am working as a Recruitment Supervisor in an Employment Agency and most of the Recruitment Supervisor in Operations Department were opted to work for 10-12 hours as our work demands it. If we stayed, we are just compensated through food allowance and transpo allowance. Most of the times we came in late, because of the long-hours of work, and we are being deducted for lates. Since we are in a Supervisory level, we cannot demand for OT, but is it possible if we could be given considerations on our late deductions? We found it not fair for us because we’re working longer than the normal hours and we couldn’t escape it because the operations will be affected if we will just work for 8 hrs. What would you recommend? Thanks.

    [Reply]

  86. I have work 40hours continuously, what could be the computation of my over time especially i would on Sunday as my rest day and our company rate of Sunday is 200% of my hourly rate.. what would be the excess of 8hours computation.. after that i only that 4 hours rest sleep and work again of 36hours continuously again..

    Thanks…

    Regards..

    [Reply]

  87. Hi Sir,

    Just want to ask. If I worked undertime the day before the holiday, will I receive a full payment for my holiday pay or undertime din ang holiday pay ko?

    [Reply]

  88. Good day!

    We are working in Recruitment Agency somewhere here in Manila. We just want to know the right time to give our overtime pay…here’s my example: “from March 31 to March 14 we spent 3 hours over time should it be included in 15th payout? Because in our case the over time pay is given after 2-3 weeks prior to its approval, so we need to wait for another cutoff for it to be paid if its approved, if it’s not, it will not be paid.

    [Reply]

  89. Dear Atty.,

    Our working days starts mondays through fridays, saturday and sunday, our company set as saturday and sunday as regular day with pay if we report for work.

    The question now is it legal or not? is there Article in Philippine Labor code stating this?

    Thank you very much and more POWER.
    God Blessed Us All.

    [Reply]

  90. Dear Atty.,

    Our working days starts mondays through fridays, saturday and sunday, our company set as saturday and sunday as regular day with pay if we report for work.

    The question now is it legal or not? is there Article in Philippine Labor code stating this?

    Thank you very much and more POWER.
    God Blessed Us All.

    [Reply]

  91. Dear Atty.,

    I would like to know how my hourly rate being computed in order for me to know how to compute my overtime rate as i was a monthly paid employee, my monthly salary is P15,000 per month.

    Thank you and hoping to receive your soonest reply.

    God Blessed and More Power.

    [Reply]

  92. As a regular employee in a certain company. Basing the fact that i am a payroll clerk. And about your scheduling around 7am-3pm or maybe it is a shifting time. But since 8 hrs is the minimum hour consider as 1 day which is your daily wage. As you said,you worked from 7am-3pm to consider, counting from 7 am to 11pm so the total hours you consume on that day is about 16 hours since, 16 hours is not our minimum hour for 1 day which means that 7am to 3pm is 8 hours continuing counting until 11pm still you have 8 hours consider it is Overtime. If then the employeer deducting one hour. Hmm….All i can say is react. 1 hour is not such big but that is your right to react.

    [Reply]

  93. hi…i just want to know if an employer has the right to give written warnings or reprimand to employees who doesn’t work overtime everyday or even rest day even though they are informed that they need to, in the absence of written notice?i mean they are informed only verbally…

    [Reply]

  94. hi, im are regl.employee in our company, there exist a company policy, not giving OT to those who exceed 8hrs.work, they said OT work starts 7:30pm, (our work starts at 8:00am.-5:00pm.), is it fair for us and binding under the Labor code? what is the computation for Sunday worked, 130% or 125%Hourly rate – Sunday work, no swapping? Thanks!

    [Reply]

  95. How about the stay in driver? Do they need over time aswell if they need to work sometimes at night? my side is u paying them salary plus allowace weekly for their food etc.

    [Reply]

  96. Hello,
    How about OT During Rest Day.. hindi po ba counted yung lunch time doon nya?

    Ex. Log In 8:00AM
    Log Out 6:00PM

    Total OT Time is 10 Hours.

    Should this less 1 Hour (lunch time) ?

    [Reply]

  97. ms. resort Comment:
    May 30th, 2012 at 10:29 am

    we work at a resort. how do we deal with our work schedule and overtime and holidays? we work during saturdays and sundays and holidays because this is the only time we have customers. are we entitled to the usual rates of OT and holiday pay? we are given a day off on a weekday to offset the sunday work. and holidays are considered regular work days.
    please advise me. thanks!

    [Reply]

  98. Good Day!

    We would like to ask if its legal to have our cancelled day-off or rest day to be converted to vacation leave by our management because we were not been paid and must take a vacation leave with 45 days approval prior to our leave? thank you!

    [Reply]

  99. prescilag.tagle Comment:
    June 22nd, 2012 at 08:30 pm

    im a regular employee for almost 4 years, gusto ko lang po malaman kung ang mga regular employee dapat daw ang computation ng salary sabi ng boss namin ay 6 days a week lang. bali ang rest day hindi kasali sa computation. hindi fixed monthly salary ang ginagawa nya daily wage.ginawa nya po ako field worker samantalang nasa administrative post ako. tnx po.

    [Reply]

  100. Hi,

    here’s a scenario. i was on a shifting schedule, 09 am to 06 pm. I was late for 1 hour & was ask to render OT after my shift. How do we compute the OT hour? after my shift schedule which is 6 pm or after I’ve completed the 8 hour workday?

    thanks.

    [Reply]

  101. i wanna ask if the overtime subject for tax. tnx

    [Reply]

  102. I would like to know if it is right for our payroll clerk to deduct one hour break if we rendered overtime on our rest day, which is Sunday. I learned from my officemates that for a 12-hour ot on a sunday, he deducted one hour for breaktime? Please advise if this is legal? is he doing the right thing?

    [Reply]

    Kaye Reply:

    Yes. I think so.

    Overtime work on a Sunday works just a regular work day. You need to render 9 hours (8hours work + 1hour break) for it to qualify as a full work day.

    Rates on a Sunday is different though. You should be paid 130% of your regular work day.

    [Reply]

  103. help naman po tanong ko lng kasi hindi ko kabisado pagdating sa mga salary benifits.pwedi ko po ba malaman magkano ang per hour ng mga regular employee lalo sa mga fixed ang sahod. at pano po ba computation? maraming salamat…

    [Reply]

  104. sorry po kulang sinabi ko. per hour ng overtime ng mga regular at fixed ang sahod

    [Reply]

  105. remar Arquileta Comment:
    July 18th, 2012 at 05:06 pm

    tanong ko lang po yung 15 minutes po ba considered as overtime kc excess po sya ng 8 hours..

    [Reply]

  106. Our company does not give overtime pay in excess of 8 hrs. The employees need to log how many hours they extended and if able (meaning they finish their work earlier than usual, which seldom happens), then they can offset the overtime. Is it legal to do that?

    [Reply]

  107. hi atty.,
    i am a regular staff (a teller) in a funeral service owned by a semi-private co. in our province, Aug. 19 is a special holiday because its quezon day but it falls on Sunday, Aug.20 is Ed’l fitir that falls on a Monday and And Aug. 21 is Ninoy Aquino day. my question is it correct that if i filed a vacation leave for on a Saturday, Aug. 18, i am not entitled for a holiday pay for Aug. 21? and what is the proper computation for that overtime pay? thnx a lot.

    [Reply]

  108. NICOLE SANTOS Comment:
    August 31st, 2012 at 12:25 pm

    hi, i am a monthly paid employee with php 12000 basic salary. i worked on august 20, 2012 which is a regular holiday but only for two hours. how much would be my holiday pay?Our HR told me that our divisor is 26.16 for a month.am i entitled to a additional 100% of my daily salary? or they would base the computation for my 2 hrs worked performed on aug 20? can you show us the correct computation if there is no CBA? thank you for your great help.

    [Reply]

  109. jackie angeles Comment:
    September 26th, 2012 at 12:21 pm

    Dear sir,

    I would like to clarify my ot work pay.

    I rendered 8 hrs overtime during my rest day. My hourly rate is 98.08. How much should I get for this day?

    I also rendered 8 hrs ot work during a special holiday and another 8 hrs ot work on a regular holiday. How much should I get for each of these days?

    Thanks.
    Jackie

    [Reply]

  110. Hi sir,Im working on a BPO company in Makati Ph.
    So here’s the Scenario,If an agent came at work late(let say 2-10 mins) they’re require us to render 30mins Over Time Without Pay..Possible ba yung gantong rules ng isang bpo company?first of all kami na ung nabawasan ung sweldo kasi na-late na kami tapos magrrender ka pa ng OT Without Pay?which is unfair.
    Hope you’ll answer my concern

    Thanks A lot!

    [Reply]

  111. I am a regular employee with a salary of Php 22,000- my previous designation was Executive Assistant then I was assigned in operations as a coordinator- before i have filed for an overtime and the basis is the normal computation as Rank file … and just this month i was concerned because my overtime was based on supervisory level ( meal allowance only) which is much much lower than what i have expected. so i consulted our HR and i was told that i am on a supervisory level because of the rate of my salary and for the previous OT’s i have filed – it will retro and deducted to me. is this possible? don’t i have the right to fight for this

    [Reply]

  112. hi sir. please help me with this.

    we work on a shifting basis and on a 9 work/6 days off scheduling scheme.

    1st question:
    when a holiday falls on or between this 9 consecutive working days, can we be charged with overtime pay?

    2nd question:
    The next incoming shift did not arrive on time due to some circumstances. Of course, we have to wait for them since we cannot abandon our workplace. Can we charge overtime pay from the supposedly end of our shift until the time the next shift arrives? this is like a shift extension, right?

    [Reply]

  113. Hi sir,

    My concern is about the overtime pay for shifting personnel.

    1st Shift – 12:00AM – 8:00AM
    2nd Shift – 8:00AM – 4:00PM
    3rd Shift – 4:00PM – 12:00MN

    For instance,October 1 and 2 are my scheduled rest days and I rendered duty at 3rd Shift on October 1 until the 1st Shift of October 2 since the personnel for this shifts is on vacation leave.

    Am I entitled for additional Overtime pay for my service on the 1st Shift which falls on another day?
    I’m just confused if the overtime pay for more than 8 hours of work do also apply for personnel on shifting schedule.

    Best regards,

    Aim

    [Reply]

  114. Hi..my wife works in a private medical clinic and diagnostic center as chief medical technologist. Her boss does not pay the nov.1 all saints day. And nov.2 all souls day. Her boss said that nov.1 is not declared by pnoy as legal holiday. And he inssist that It will depend on his calendar.

    [Reply]

  115. hi sir/ma’am
    ang monthly salary ko po ay 24k, mon-fri lang po ang pasok ko if wala distino.pano po ang compute ng o.t ko as regular day o.t. or pag nadistino kami sa mga probinsiya na taon ang binibilan bago makauwi. wala po kasi ako idea monthly po kasi ang basic ko..salamat po.

    [Reply]

  116. good day,

    may question lang po kapag po ba sunday at pinapasok ng employer ang mga employee at nagdeclare na offset yung pagpasok pwede po ba yun hindi po ba yon against the law kasi hindi kame mababayaran ng tama sa pagkakaalam q po ay iba ang bayad kapag sunday ang pasok sana ay matulungan nyo kame…thanks

    [Reply]

  117. I just recently started with my new company (Call Center). This week starting Nov26 until Friday Nov 30, we are advised by the management that we will be rendering 3hours of overtime everyday. Our shift starts at 9:30pm to 6:30am. Then our overtime is from 6:30am to 9:30am. The management said that we need to hit the goal set by our clients. There were agents who asked the management’s approval for them to go home right after the shift and will not render OT but the management declined these requests. Is this still legal? Or is the company somehow violated any law?

    [Reply]

  118. I am working with a non-profit organization and we are currently updating our personnel manual. Could say that overtime payment is not paid but only compensated by time off in lieu?

    [Reply]

  119. just wondering if OT is taxable even if my salary is only minimum?

    [Reply]

  120. ask ko lang kung taxable din ba ang overtime?

    [Reply]

    jon Reply:

    yes

    [Reply]

  121. how many hours of overtime should be rendered to the company?

    tnx and more power..

    [Reply]

  122. how much should I get on the 7th day if I worked 7 days straight? Is it 200%? Thanks.

    [Reply]

  123. silent seeker Comment:
    January 25th, 2013 at 01:26 pm

    is there any law covering about breaktime, i just want to clear something.., how about halfday, if you want to take a halfday in the afternoon what time you need to go to your office is it through you need to come 10am..?

    [Reply]

  124. If our employee work schedule is 8am-5pm uncluding 1hr lunch brake and 30mins coffee brake, thus OT hrs starts from 5pm onwards.

    [Reply]

  125. Is there a standard notification allowance if you will cancel an overtime?

    My situation is, a week before Feb 10 I was asked to report for an overtime to start at 2pm on Feb 10 which I confirmed to. Come Feb 10 at 12:30pm I received a text from my boss that overtime is cancelled. May I know if I should still be entitled for an overtime pay? Given that I have allotted that day for that and the notice was actually too close to the call time.

    Appreciate your advice.

    Thank you.

    [Reply]

  126. Is fixed rate ok for company driver? For example he will be given 18,000 fixed monthly with or without overtime. I need your help please.

    Thanks!

    [Reply]

  127. Marlene H. Uy Comment:
    March 10th, 2013 at 02:06 pm

    I am working in a charitable institution working 6 days a week for 8 hours a day. The institution is not also practising the holidays because according to them the charitable institution is exempted on holidays because the type of work needs 24/7. Is there any legal provision on this in the labor law? Please email me of the provision on this because I doubt about their calim of exemption of the holidays because the instituion needs 24/7 service.

    Thank you.

    [Reply]

  128. Im a truck driver and a bus company driver, every morning upon we arival to the office we are required to punch in our bundy cards, afterwards, we will proceed to the nearby provinces to deliver the products. Most of the time our working hours exceed the normal hours and sometimes were performed our work from 10pm to 6am, although we are not required to punch out our time cards. My question is if I entitled to overtime pay and night shift differential pay?

    [Reply]

    admin Reply:

    Maaring isa kang field personnel. Ang field personnel ay empleyado na nagpe-perform ng kanyan duty malayo sa opisina ng kumpanya (o regular place of business), kung saan walang control ang employer, at hindi madaling matiyak ang actual hours worked. Ang field personal ay kadalasang hindi entitled sa overtime pay.

    [Reply]

  129. Hi Admin,
    Yung office po namin ng stop operation at nagkaroon ng transition. Yung boss ko po dati kinuha ako para gawin yung mga papers work ng company. Kung ano yung sahod ko dati ganun pa rin naman. For 5 to 6 months di ako 1Overtime pay laws and computation in the Philippines
    October 10, 2009 by Admin
    Filed under Employer – employees
    33 Comments
    Man is not a machine. At the end of the day, he has to rest to rejuvenate and prepare himself for tomorrow’s work. That is why labor standard laws in many countries set up maximum hours of work for employees. In the Philippines, our Labor Code fixed the maximum at eight (8) hours a day (see Article 83, Labor Code of the Philippines) for six consecutive work days (Article 91, LCP). If the employee works beyond eight hours, the employer is required to pay an additional compensation equivalent to the employee’s regular wage plus at least twenty-five percent (25%) of such regular wage. The rate is increased to thirty percent (30%) if the worker renders overtime on a holiday or rest day. (Article 87, LCP).
    Who are covered?
    All employees in all establishments and undertakings whether for profit or not are entitled to overtime pay for work rendered beyond eight (8) hours. But this does not apply to managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results. Employees in the government are also entitled to overtime pay but they are governed by Civil Service laws and rules. Only employees in the private sector are covered by the Labor Code.
    Special rules for health personnel
    For health personnel in (1)cities and municipalities with a population of at least one million (1,000,000) or in (2)hospitals and clinics with a bed capacity of at least one hundred (100), their normal hours of work are eight (8) hours a day, for five (5) days a week, exclusive of time for meals. (Article 83, LCP)
    Health personnel includes resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
    Overtime work by health personnel included in the two abovementioned instances is, as a rule, not allowed since it involves strenuous physical work considering the number of patients or clients they must attend to. However, they may be compelled to work beyond such hours where the exigencies of the service require that they work for six (6) days or forty-eight (48) hours. But the employer is required to pay an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day.
    Can an employee be compelled to render overtime?
    When an employee spends additional time for work, he puts in more physical and mental effort. It is but proper that he be compensated for that. He is also delayed in going home and cannot spend time with family and enjoy the comforts of his home. As such, the law discourages employers to require employees to work overtime. Generally, he cannot compel the employee to render overtime, except in certain instances (Sec 10, Rule I, Bk. III, IRR) to wit:
    1) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;
    2) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other disaster or calamities;
    3) When there is urgent work to be performed on machineries, installations, or equipment, in order to avoid serious loss or damage to the employer or some other causes of similar nature;
    4) When the work is necessary to prevent loss or damage to perishable goods;
    5) When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer;
    6) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.
    Can an employee insist on working overtime?
    The employee cannot compel his employer to allow him to work overtime when the circumstances does not require him to do so as when there is actually no work to be performed.
    Under time cannot be offset by overtime
    Under time work on any particular day shall not be offset by overtime work on any other day (Article 88, LCP). The reason behind this is fairness. If the employee works for less than eight hours, he will be paid only for the corresponding number of hours he had actually worked. If on another day he works beyond the maximum hours, he should be given additional compensation.
    Non-payment of overtime pay is not only illegal but also contrary to public policy. The employer cannot use the overtime to offset the under time because payment of overtime pay is mandatory. However, he may either deduct the under time from the wage of the employee, or through other approaches. Although these methods are not provided by law, these may be found in company policies or established by company practices.
    Computation of wages
    The computation of overtime pay, pay for work done on holidays, premium on nightshift and 13th month pay are set out by the following rules:
    Computing Overtime:
    On Ordinary Days
    Number of hours in excess of 8 hours (125% x hourly rate)
    On a rest day, special day or regular holiday
    Number of hours in excess of 8 hours (130% x hourly rate)
    Computing pay for work done on:
    A special day (130% x basic pay)
    A special day, which is also a scheduled rest day (150% x basic pay)
    A regular holiday (200% x basic pay)
    A regular holiday, which is also a scheduled rest day (260% x basic pay)
    Computing Night Shift Premium Where Night Shift is a Regular Work:
    On Ordinary day (110% x basic hourly rate)
    On a rest day, special day, regular holiday (110% of regular hourly rate for a rest day, special day, regular holiday)
    Computing Overtime on Night Shift:
    On ordinary day (110%) x overtime hourly rate)
    On rest day, special day or regular holiday (110% x overtime hourly rate for rest days, special days, regular holidays)
    Computing 13th Month Pay:
    Total basic salary earned for the year exclusive of overtime, holiday, and night shift differential pay divided by 12 = 13th month pay.binayaran ng OT Pay. Kc ang sbi ng Chief Operating Executive mahihirapan daw sya mag explain sa Boss namin ng mga trabajo. Ako lng po mag isa nag asikaso lahat at itong 2013 promoted ako ng Finance Executive pero di man lng na increase ang sahod ko. Nakalipas ang panahon ako po nagresign ng March 31. Pero nag issue yung COE ng acceptance letter nung Feb 26 na hanggang Feb28 na lng ako kaya di na po ako naka pag turn over. Ngyn po ayaw na nila bigigay sa akin lahat ng pinaghirapan ko. Ang sabi di ko raw ako nagfile ng OT eh ayaw ng COE papaano po un? Thank you po medyo naguguluhan po ako.

    [Reply]

  130. Marlene H. Uy Comment:
    March 25th, 2013 at 12:51 pm

    Talaga bang exempted sa holidays ang mga empleyado na nagtrabaho sa mga institutions for children. Please I need your reply.

    [Reply]

  131. Hi,

    I have an inquiry;

    1. Our office operates from Mon-thurs (8am-6pm),Friday 8am-5pm)— just wondering why 10 hours kameng ng wowork in a day.. i asked the Hr regarding this.. sabi nya we supposed to work on saturdays so kinompress na lang yung time para di na kelangang mag half day ng sat? tama ba yun?

    2. we have 7.5 Vacation Leave, 7.5 Sick Leave total of 15 days leave in one year… pero they never allowed us to use this leave ng isang gamitan… we are allowed to used 1.5 (SL & VL) in a month.. pag lumagpas ka dun.. deducted na sa salary mo…

    3. basic pay – why are basic pay commuted as daily kahit regular employees na kame… ex. in one payday meron lang 10 days na pinasok.. un lang yung computation ng accountant namen.. so ang basic pay namen naiiba iba…

    (HOPE TO HEAR ADVICE FROM YOU)

    THANKS!

    [Reply]

  132. Hi,I would like to ask, if an employee is renders work only 4 hrs. either in the morning or in the afternoon on an ordinary day before a legal holiday, is he qualified for a 100% legal pay?

    [Reply]

    Mel Reply:

    Yes. It’s best that you come up with your company policy on this so that everyone will be aware as well.

    Question: Is the half-day leave filed as VL?

    [Reply]

    Payroll Assistant Reply:

    Hi, I would like to ask if an employee rendered 4 hours work and the exceeding hour was filed as OT and reported to work on half day,thus this OTs can be paid by the company? even if he does not render 8 hours work? The employees work time was from 7:30AM to 4:00 PM but the actual Time In was 11:30AM and Time Out of 5:30 PM is the 1.5 hours subjuct to OT pay? Please help us on this. We still don’t know what to do in this scenario.

    [Reply]

  133. RHONALEEN DIMAANO Comment:
    April 1st, 2013 at 04:44 pm

    Hi, I would like to ask, kung ang overtime po ay may grace period. For example po 9am-6pm ang working hours 6:30 po ba dapat mag start ang overtime?

    and kapag po ba walang contract na pinirmahan sa company does it mean na kahit mag 10 years sa company wala pong matatanggap na backpay?

    thank you and hoping for your response

    [Reply]

  134. my pasok p[o kmi ng holiday kaso ang sabi ng company namin swapping paano po ba ung ot nun kasi pinapa
    ot paano po ba ang computation nun.

    please help us

    [Reply]

    Mel Reply:

    Meliza, may memo ba na umikot at the start of the year or before the holiday na mag swap kayo ng holiday?

    [Reply]

  135. do we have a term like ” Mandatory Overtime”
    because almost everyday we rendered overtime
    is it legal?
    i am a call center agent thanks PO!

    [Reply]

  136. lyzah Ghileh Comment:
    April 24th, 2013 at 06:23 pm

    if i work 6 consecutive days,should i get rd ot pay on my 6th day? (for BPO employees)
    ** i will really appreaciate you’re feedback

    thanks

    [Reply]

  137. sa bpo po kami nagoovertime kami ng walang bayad pwede po b yun? para po ma hit namin ang quota, hanggang 7 lang kami pero minsan umaabot kami ng 9pm minsan 10pm po

    [Reply]

  138. mary grace r. vetus Comment:
    April 28th, 2013 at 10:30 pm

    Sir Im a supervisor in a plastic manufacturing company which operates 6 days a week..Ive been with the company for 3 months now..my salary is 402 for 12hrs..because they said i should train for 5 months first they wont give me an Overtime pay yet…from 12hrs i have a break of 1 and a half hour..we applied in the company but sent to its partner agency and gave us that rate till we finish the 5 months contract we wont receive any O.T…I would like to ask if the company violates any labor code…then during holidays..they do swapping to avoid paying double pay..and if ever paano mag-file nang reklamo?kasi yung may-ari mismo nang kumpanya ay pino-force kami sa religion niya or else dahilan daw yun nang di namin pagsunod so pwede kami ma-terminate..I need your respond very badly thanks you very much

    [Reply]

    dedicated.specialist Reply:

    hi All,
    Need ur help po. I am w0rking in a Intl Shippng c0mpany. We are required to render overtime. Believe it or n0t hal0s ta0n n kaming nag-oOT, we have “lean seas0n” pinakamtgal is 1wk and then back to peak seas0n. Bef0re we can ask for an “offset” if u rendered 4hrs up ot., example my shft schedule is 10pm to 6am, l0g out time 10am, we can rep0rt to w0rk late on the nxt day, i can rep0rt 10.30pm to 6.30am. Parang change shft since nag ot naman. Pero dis m0nth tinanggal nila, 4 lates lang all0wd s c0mpany namen, but f0r d m0nth of April i have 7 instances of tardiness, this is due to super OT f0r wh0le m0nth, i have 60plus h0urs of filed ot in 1m0nth, partida nd p ksma jan ung ibng 20-30 mins n putal. Ngaun po bibgyn nla q ng stern warning or class A dahl po d0on. Nak2sma po ng l0ob dahl never aq pumetiks durng w0rkng h0urs, never aqng n2l0g unlike d others, isa po aq sa “go to pers0n” ng team namen, “tanungan ng bayan” .kaya lang naman aq nalelate dhl s pag0d s pag ot, 1.5 to 2hrs po ang travel tym ko fr0m sa bhay to ofc, i need to spent time dn with my kids. May laban po ba ako dito? Please help, s friday n po kc sken ipaparcv ung class a offense. tnx en Godbless!

    [Reply]

  139. Sir, what if the kind of work i have really needs more time than 8 hours, ca my employer insist that it cannot be considered as an overtime since i need to close all transaction for us to operate the next day? is it legal to say that they have the right to push me work beyond 8 hours for the reasons that it is needed and part of the law exception? [i mean i am obliged to do extra hours a day without OT]

    thanks for your reply!

    [Reply]

  140. admin officer Comment:
    May 23rd, 2013 at 09:08 pm

    Hi! I just wanted to ask what are the governing laws regarding people who work in charities or churches which are ngo’s and they work more than 8 hours a day? Are they entitled to overtime pay? I work for a church and often times, we stay more than 8 hours which is our prerogative. Please let me know. Appreciate it!

    [Reply]

  141. Winston Zulueta Comment:
    June 3rd, 2013 at 02:46 pm

    If a government employee from region 02, daily wage, (driver)was requested to render an overtime during saturdays and sundays to drive vehicle in metro manila, is he entitled for overtime pay and per diems at the same time?

    [Reply]

  142. LawAbiding Comment:
    June 15th, 2013 at 10:15 pm

    My company, which is based abroad, decided to put up a branch in PH by placing me and other Filipinos in the firm as incorporators. My senior, a Filipino, stipulates that there will be no overtime pay for the staff in Manila, who stand as support team for our daily operations. Their pay is relatively higher than the usual pay for their job descriptions. Is it correct not to pay them OT because of this? Am I liable as an incorporator though such decision did not have my affirmation? Thank you for the advise.

    [Reply]

  143. Hi Admin,

    I’m a resigned probationary employee from one of the best bank in the Phil because of unhealthy environment and rudeness of the people. But another concern and i also brought up to the attention of their management after resigning was the non-payment of my overtime for almost four months in the branch. As per orientation in our training we are entitled for that but upon working in the branch they insisted that probationary employee is not allowed. As a new employee I’m afraid to insist that matter. Most of the days, it’s between 10PM to past 12:00MN when we go out in the bank, aside from many transactions, we need also to properly check and verify the correctness and completeness of that media and scanning of such were also done.Scanning of that media were so slow because of their defective scanner and it’s time consuming.

    Another factor was upon bringing up that issue, I was informed that the manager denied the fact that he did not inform us, and he doesn’t know that we are not filing for that overtime. I do believe that as a manager you should know your responsibility not only for the company but also for your people, and the big point is, the manager is the one who approves for that overtime. For how many months of approving the overtime he did not even notice that our names are not on the list???? Do I have the right to claim this overtime pay????

    [Reply]

  144. Hi tanong ko lang po kung discretion pu ba ng company na at least minimu of 2 hrs bago bayaran ng overtime?

    Thanks,
    Jake

    [Reply]

    admin Reply:

    All worked rendered beyond 8 hours is considered overtime work. There should not be a minimum.

    [Reply]

    G.L.E Reply:

    But in my former company (one of the best banks in the Philippines, they have a bench mark of 200 transactions to consider your overtime. Is it really allowed? Because as far as I know the basis is the time you have extended and not the number of transactions or clients you have catered. Can I bring this issue to the attention of DOLE?

    [Reply]

  145. nasa labor laws pu ba iyon?tnx po ulit

    [Reply]

  146. hi!Im a call center representative and here in our company we are required to do a what they call “mandatory overtime”…is that even legal?they file a “mandatory overtime” for us without our consent

    [Reply]

  147. Carlo Cabrera Comment:
    June 24th, 2013 at 03:45 pm

    Question about Overtime :

    Our employer usually takes 2 months or more to process our overtime payment.

    is there any labor law/code that states on the standard number of days to process the overtime payment of a employee? are they violating the labor law?

    thanks so much…

    [Reply]

  148. Dendi Concepcion Comment:
    July 1st, 2013 at 12:46 pm

    Hello I am an employee of a BPO company, I understand that under the provisions of the labor code of the Philippines as an employee the regular working hours is 8hours a day and 40hours in a week. My concern is is there suck provision or excemption given to BPO companies regarding overtime policy? My company pays us on an hourly basis however but what confuses me is that our company defines overtime as work performed on the 49th hour of work in a week. Sa madaling salita babayaran lang po kami ng overtime pag nakapag work kami ng morethan 48hours a week. Please advise because I am supicious that our company is not complying as to what is being said by our law.

    [Reply]

  149. Good day.

    I’m an engineer employed by a company. Our work is from Monday to Saturday. I want to ask if it is legal for a company to make a policy of fixed monthly salary (no overtime pay for any work extensions even during Sundays). Based on the nature of my work I am sometimes required to extend my work or even to work during Sundays. When I ask for additional pay for my overtime they give me a reason that I am being paid on a Fixed Monthly Salary.

    Thank you.

    [Reply]

  150. if the company has 6 working days in one week, then, the employee only works 5 days but before legal holiday the employee worked and during legal holiday he also worked. is the employee still needs to pay 200% even though he did not reached 6 days in one week?

    [Reply]

  151. hi,

    i’m in a supervisory position so based on labor code i’m not entitled to OT pay but in my employment contract it is written that i am entitled to OT pay.

    but according to Art. 93. Compensation for rest day, Sunday or holiday work #4 Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate.

    as such does it mean i am entitled to OT pay on rest day/Sunday/holiday but not to OT pay for more than 8 hours of work per day?

    [Reply]

  152. Hi,

    Is there any specific rule or law in the philippines about the maximum overtime work per day for a certain employee or the required rest hours per day for the employee?

    If there is, what is that?

    [Reply]

  153. Hi
    My schedule is 10pm to 7am. monday to fri..am i granted with holiday pay if saturday is holiday?since i time in at 10pm of fri, 12am to 7am is saturday…or monday is holiday?

    [Reply]

  154. Hi Atty Ted,

    Our office has adopted the compressed work schedule. We work Mondays and Fridays 8am-6pm; Tuesdays – Thurs 8am-5pm; while on Saturdays 8am-12nn only. If we work on Saturday afternoon, will we be entitled for overtime pay? How will it be computed?

    Really appreciate if you could give me an answer to this query…thank you very much!

    [Reply]

  155. is there a limit of overtime hours per month?

    [Reply]

  156. Geri Chavez Comment:
    August 19th, 2013 at 03:15 pm

    one question, are managerial employees entitled for a pay if they are going to the office on a “rest-day” for a seminar-workshop, which is for their own benefit?

    [Reply]

  157. Hi,

    Is it legal for employees to file overtime or to offset the attended company events (e.g. company anniversary, Christmas party etc.)held on a rest day?

    Our company operates Five-Day Work Week. For corporate events (e.g. company anniversary, Christmas Party, and other company related events)it is usually held on a Saturdays.

    Is it legal or valid for employees to file overtime or to offset the attended company events?

    [Reply]

  158. Can a company make the standard work hours – 9 hours and do not pay the extra 1 hour as overtime?

    [Reply]

  159. Hi,

    My company made me work on a regular holiday for more than 8 hours but gives me no double pay nor an overtime pay. Is this legal? Should I sue them?

    [Reply]

  160. i want to know is there a low of early duty. during early duty for example pick up time 4 am then at ETR what time 4am or 5am input.

    [Reply]

  161. Overtime pay is computed based solely on base pay and does not include allowances. Hence, an employer is not obligated to pay additional allowance by virtue of the worked day falling on a holiday.

    [Reply]

  162. Melandro Repato Comment:
    September 18th, 2013 at 08:07 pm

    My regular time schedule is 8 to 5, If I extended working til 10pm but was on a vacation leave in the morning (half-day), overtime pay treatment din ba yung 5pm onwards ko?

    [Reply]

  163. Good day! Just want to ask if I’m in the right position to bring a lawyer with me to the company I work with. We’ve been rendering our mandatory overtime, 4 hours a day, 5 days a week. This already happened last year but eventually stopped because our chances if we will be on overtime is based on the census of the patients. I already talked with our manager before but it seems they don’t want to resolve this as soon as possible because they can see that we’re able to survive with it. This is a mere result of understaffing. I would really appreciate your enlightenment. By the way, I’m a nurse. Thanks in advance Sir!

    [Reply]

  164. Rex D. Yurong Comment:
    October 2nd, 2013 at 04:00 pm

    There are government employees required to render work outside of stations as they are engaged in the Regional/Provincial official sorties of President of the Philippines. These government employees availed the allowable per diems..

    However, there are activities during the President’s engagements that require the Government employees to render beyond the usual eight (8) hours work and even beyond Saturdays, Sundays and holidays.

    The query is:
    Are these government employees entitled to overtime pay for hours beyond eight (8) hours; for works rendered during Saturdays, Sundays and Holidays?

    Thank you very much.

    [Reply]

  165. Good day, i am working as a member of a campaign team wherein we are required to stay in other towns and cities for 1 whole week, our work hours starts at 8 a.m and ends at 5 p.m however, being in a far place and not able to go home, would that entitle me for an overtime pay beyond 8 hours?

    thank you!

    [Reply]

  166. I have a direct report who always comes in earlier than schedule and extends the shift. We have not required him to come in earlier or extend the shift. The workload also does not require him to do it because people working the same task are not having to render extra hours. In the extra hours that he renders, he usually does tasks (work-related) that are not in his typical job responsibility. Although I appreciate the initiative, we are trying to save on unnecessary overtime as a company. We use an online punch-card system and pretty much, anything outside of the scheduled hours will be waiting for approval from me as overtime. I have two questions:
    1. Are we required to pay the hours extra worked even if we didn’t require him to render so?
    2. Can I, out of courtesy and appreciation, only approve a portion of the “extra hours” (hours before or after the shift) and not pay the entire thing?

    Thank you in advance.

    [Reply]

  167. rich alejandro Comment:
    October 13th, 2013 at 06:23 pm

    Good day. Our company’s nature of business is more of warehousing management. People in Operation’s side have schedules of night shift.
    My question is this, how to segregate OT.
    Sample the employee rendered work at Saturday from 6pm to 3am, but extended until 6am. Sunday is his Restday What will be the overtime rate to apply for the 3hours OT?
    Should it be 137.5% (Regular day OT with Night Differential) or 143% (Restday OT with Night Differential)?

    [Reply]

  168. marie stephanie tamayo Comment:
    October 21st, 2013 at 05:50 pm

    Hi,

    Im working in a BPO industry. We have a scheduled RDOT. Is it ok to say NO to Rest day over time schedules?

    Please answer.

    [Reply]

  169. Hi,

    Some companies, dictate that for an employee to be paid OT pay, he/she must render a minimum number of hours and in case employee missed a minute or did not meet the required number of hours, he/she will not be paid.

    Is this legal?

    [Reply]

  170. sehemya de leon Comment:
    October 29th, 2013 at 04:40 pm

    Good day,

    We are applying the compressed work week schedule. Thus, we have employees who are working for more than 8 hours a day but with a maximum of 48 hours a week. Now, for example the employee’s schedule is 12 hours and he rendered 15 hours, are we still compelled to pay his OT premium.

    [Reply]

    admin Reply:

    Under the Compressed Work Week law, any work performed beyond 12 hours a day or 48 hours a week shall be subject to overtime premium.

    [Reply]

  171. I am an employee who works in a normal 9hr shift in a 24/7 office. As lunch breaks are not paid I want to know if by law I can have my company waive my lunch break so that I may go home an hour earlier? If so is there a link where I can show them that by law it is ok. Bec as the manager said they don’t want to get into trouble with labor for removing my lunch break as it is mandatory.

    [Reply]

  172. hi, is there any punishment for employer who didn’t pay 200% on regular holidays? I reported for work last November 30, 2013 (saturday) Bonifacio day. My employer said that they wouldn’t pay us double because it is not applicable in our company. Can you help me? Thanks.

    [Reply]

  173. mandatory OT Comment:
    December 12th, 2013 at 04:07 am

    is this allowed?:

    Team,

    rp*****il
    3:20 am Everyone needs to render the OT today…
    3:20 am minimum of 3 hours each…
    3:21 am no negotiations…
    3:21 am if you want to negotiate, you can talk to OM

    Thanks,

    T****s

    We are working in a call center and the account we are on is on it’s peak receiving high volume of calls, but we have been rendering overtimes, preshift nad post shift for almost a month now. they say if we dont commit, we might lose our jobs because account might be pulled out. thanks

    [Reply]

  174. Hello. Ask ko lang po. Ang rate ko is 750/day. Pero ang overtime computation namin is based daw po sa minimum wage na 456. Kaya ang computation lang po ng OT ko is 66.56. Tama po ba? O dapat po ba na based un sa rate ng isang employee? Please help po. Thank you.

    [Reply]

  175. Hello, may clarification lang po ako how to compute regular night duty going to regular/legal holiday or overtime on ordinary night going to legal holiday (ex. date Dec 29-30, 2013). We’re using compressed work week 9.6 hrs/day.
    Our work time starts at 9:30pm to7:06am
    time in: Dec. 29, 2013 @ 9:30pm
    Time out: Dec. 30, 2013 @ 7:06am (legal holiday)
    Thanks…

    [Reply]

  176. Hi, i just need a legal advise the scenario is , the Management required our employees to work on Holidays, most of our employees did not report mainly because it is supposed to be a non-working Holidays. The Manager decided to issue a Notice of Violation to all employees who failed to report during those days. My question is, Is it acceptable or legal to charge employees with this offense? What can be the best action of the Management to prevent a high absenteeism during Legal Holidays considering that manpower is necessary for the operations in order to prevent serious losses to the company? Thanks.

    [Reply]

    admin Reply:

    Under the Labor Code, the employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate. (Article 94)

    [Reply]

  177. Arcadio L. Santos Comment:
    January 22nd, 2014 at 05:47 pm

    How do you compute for the monthly salary equivalent of the employees in 2014, if the daily minimum wage is now P466.00? What will be the basis of the computation?

    [Reply]

  178. Hi Atty.,

    Our technician will visit Cagayan Valley which normally has 12 hours of travel from Quezon City. I would like to clarify if the company should pay him OT for the 5pm to 6am travel. Please give advice. Thank you.

    Jojo

    [Reply]

  179. Like sa work namin services pag hindi nakapasok ung tao ng morning 8am to 5pm and ngstart ung pasok nila ng 5pm onward minsan morning na nattapos panu po icompute yung work beyond office hours which is hindi naman nila na complete ung 8hrs day shift. yung beyond office hours lang yung naging trabaho nila panu po ung computation?

    [Reply]

  180. Hi,

    Is the employer allowed by law not to pay or honor the overtime rendered if the cutoff was missed or it was not submitted on time by just a few days or 2 weeks?

    Many Thanks!

    [Reply]

    admin Reply:

    In my opinion, as long as the employee has rendered overtime work, and there is proof to show that, he/she is entitled to overtime pay.

    [Reply]

  181. Raul Del Mundo Comment:
    March 7th, 2014 at 10:43 am

    I’m a GOCC employee. Belongs to the Technical Services Division based in Manila. Our work is on field (off-grid areas). We catered them, servicing/maintaining their plants. My question is:

    1. are we allowed to claim Overtime Pay in excess of 8 hours and during Saturday, Sundays and Holidays even if we are on travel?

    2. Are we allowed to enjoy the mandated Per Diem;
    a. Php 400.00 for lodging
    b. Php 80.00 per meal and
    c. Php 160.00 incidental allowance

    Thank you in advance.

    [Reply]

  182. What if the manager refused to sign the overtime form of his/her employees?for example:my cashier rendered a 8 hrs.duty plus 1 hrs.extend.automatic she filed 1 hr.overtime,but when she seek managers signature ,the manager did not sign the overtime form,instead she say the it charity…its that legal?

    [Reply]

  183. Yung manager po nmin ayaw pumirma ng ot ng mga kahera kahit lagpas ng one hour minsan abot ng two hours yung extend ng kahera sa kanyang duty.ayaw nya mag file sila ng overtime form kasi wala naman daw masyadong benta ung store.nung una OK Lang sa mga kahera pero inabuso ng manager.halos araw araw gnun n nangyayari.sino po b pwedeng I complain s manager ba o si company?lagi kasi sinasabi ni manager NASA operation daw kaya required n mag charity mga kahera ng one hour s duty nila.

    [Reply]

  184. Hi,

    I am a regular employee in an Amerikan company in Manila. Lately we had a dispute with the company’s accountant regarding the special and legal holiday overtime pay. He claims that since we are paid monthly basis but not daily basis we are already paid 100% during special and legal holidays even though we don’t work. Hence, for example, I was paid 30% additional but not 130% for the special holiday overtime. He says 100% is already paid and he is adding just 30% to my payroll for the special day overtime. He interpretes this way. Actually, the other employees who worked overtime on the same day are paid 130% in the same company as they said but the accountant insists on my case that I am supposed to be paid additional 30%. Is this accountant’s interpretation correct? If not how can I prove that he is wrong.

    Thanks,
    Omer

    [Reply]

  185. jim lejano Comment:
    March 13th, 2014 at 01:55 pm

    I just want to clarify something. I was hired a Sr. Officer/ Supervisory level. My employer issued a memo stating that we are no longer entitle for overtime pay instead allowances will be given. Allowance follows: 1st 3 hours = P300.00 1st 6 hours straight P 600.00 in excess of 6 hours 100 pesos will add.

    Is this legal? please reply.

    thanks.

    [Reply]

    admin Reply:

    The law requires payment of overtime pay for overtime work. Payment of allowance in lieu of overtime pay is not sanctioned by the Labor Code, and may be illegal. Unless, perhaps, if the allowance is actually higher than what the employee is supposed to received as overtime pay.

    [Reply]

  186. i just want to know if its ok for an employee to work 9 days straight? and those 9 days are just regular working days. and if its not proper where can i report the company?

    [Reply]

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