Dear PAO,
I am employed in a retail clothing store located at a mall. To my knowledge, the regular working hours is only 8 hours. However, there are times when our manager requires us to work for 10 hours. Should the overtime of 2 hours be compensated?
EJ
Dear EJ,
Please be informed of Articles 83 and 87 of Book Three Title 1 Chapter 1 of the Labor Code, which state that:
"Art. 83. Normal Hours of Work – The normal hours of work of any employee shall not exceed eight (8) hours a day. xxx
"Art. 87. Overtime work – Work may be performed beyond eight (8) 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 (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof." (Emphasis ours)
Based on the above-stated provisions, since the normal hours of work in the Philippines is set at 8 hours, if an employee works for longer than that, he or she must be paid an overtime pay. This includes an additional compensation of 25 percent of his or her regular work wage on a regular work day. If the overtime work is rendered on a holiday or rest day, then the additional compensation is 30 percent of the employee's holiday or rest day rate.
Kindly take note that for purposes of computing overtime pay, "the 'regular...
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