How is overtime handled in the Philippines?
In the Philippines, overtime pay is required for any work done beyond the standard eight-hour workday. The computation of overtime pay involves several key steps, beginning with determining the employee's hourly rate. Overtime work is paid at an additional 25% of the regular hourly rate for work performed beyond the eight-hour limit on ordinary days. If the overtime is performed on a rest day, holiday, or special day, the compensation rates are adjusted accordingly to ensure employees receive fair compensation for their extra work hours.
Specific conditions allow employers to require employees to work overtime, including emergencies, prevention of loss of life or property, urgent work on machinery, avoidance of loss on perishable goods, completion of work to prevent serious obstruction to the business, and to take advantage of favorable weather for work dependent on environmental conditions. It's important to note that certain classes of employees, such as government employees, managerial staff, field personnel, and domestic workers, may have different rules regarding eligibility for overtime pay.
Night shift work between 10 PM and 6 AM also entails a differential pay, where employees receive not less than 10% of their regular wage for each hour worked during these times.
The Labor Code and the "Telecommuting Act" mandate that employees working overtime, even under work-from-home arrangements, must be compensated accordingly. This includes compensation for work hours that exceed the regular eight-hour workday, with specific rates for overtime, work on rest days, and work on holidays. However, certain categories of employees may not be entitled to overtime pay, such as managerial employees and field personnel, among others.
Employers cannot offset undertime work against overtime work on different days, ensuring that employees are compensated for any extra hours worked. The responsibility to prove overtime work and entitlement to overtime pay typically rests with the employee.
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