Failed to work on holiday

Hi Good day again.

I would like to ask a few question about the legality of my suspension.

Here's the scenario.

This year Lenten season holidays, I signed a paper signifying work on the said holidays. I manage to work on Thursday and Friday but I failed to work on Saturday.

Because of this, my superior got me an Notice of decision accusing me of refusal to work overtime and got me suspended for three days.

They suspend me in accordance to our Company's Rules and Regulation "Refusal to work overtime".

As far as my knowledge is concern. Overtime is a number of hours exceeded in 8 hours of any working days and working on holidays is not an overtime.

My question are:

1. Does Holidays can be consider as overtime? If not then,
2. Is it legit that they suspend me?

allandizon12 wrote:Hi Good day again.

I would like to ask a few question about the legality of my suspension.

Here's the scenario.

This year Lenten season holidays, I signed a paper signifying work on the said holidays. I manage to work on Thursday and Friday but I failed to work on Saturday.

Because of this, my superior got me an Notice of decision accusing me of refusal to work overtime and got me suspended for three days.

They suspend me in accordance to our Company's Rules and Regulation "Refusal to work overtime".

As far as my knowledge is concern. Overtime is a number of hours exceeded in 8 hours of any working days and working on holidays is not an overtime.

My question are:

1. Does Holidays can be consider as overtime? If not then,
2. Is it legit that they suspend me?

To answer your questions, here is my question first -

1. Normally are you supposed to work on these holidays?

If normally you don't work on these holidays and you were asked to do so this year, and you agreed to do the overtime, then yes it can be considered overtime - rest day overtime, and if you worked more than 8 hours, you are entitled to additional overtime pay.

The things that I am confused is that how can that be a Holiday considered as overtime? How was that happened? Labor code clearly stated that overtime by definition is different from Holiday. In other countries, they do not call it overtime but instead "double time". The thing that i signed is not an overtime permit but holiday working permit.

allandizon12 wrote:The things that I am confused is that how can that be a Holiday considered as overtime? How was that happened? Labor code clearly stated that overtime by definition is different from Holiday. In other countries, they do not call it overtime but instead "double time". The thing that i signed is not an overtime permit but holiday working permit.

Overtime in the broad sense is when you work outside of your normal working hours. So if the holiday is a rest day and you work then, it is "overtime" because you work on the hours you were not supposed to under normal circumstances.

the reason why the company asked in the first place if you can work on the holiday.. you signed then you didn't show up.. yes they can suspend you.

the company will carry the burden the proof to show that your non reporting to work in holiday caused damages and delays in income generations.