Hi atty.
I'd like to post in this thread na din, since my concern is also about overtime pay.
In our company, employees who suffer overtime work are not paid for the extra time. Instead, the employees are forced to offset the overtime hours by availing of undertime work on the next workdays.
we are, in a way, FORCED because the moment we demand payment for overtime, the employer insists "in the guise of encouragement" that we avail of undertime. negotiations take place over and over again, where at the end the employees have no choice but to give way to the "so-called company policy" or else suffer the ire of the employer.
thus, instead of cash payment, the employer gives us leaves with premium pay in the form of extra leave credits. example, 1hour of overtime is equal to 1hr and 15min of offsetting.
my question is if art88 of the Labor code applies, even though the said art does not directly address the facts?
and what is the best reason provided by the labor code that may address our dilemma?
Thank you and Godbless