Labor Code

San po ba nakasulat na NO fORCE OVERTIME or NO FORCE LABOR meron po bang ganung batas pag pinipilit mag O.T. ang empleyado kahit ayaw nya..

It all depends on the reason for the overtime -


SECTION 10. Compulsory overtime work. — In any of the following cases, an employer may require any of his employees to work beyond eight ( hours a day, provided that the employee required to render overtime work is paid the additional compensation required by these regulations:

(a) When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive;

(b) 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;

(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other causes of similar nature;

(d) When the work is necessary to prevent loss or damage to perishable goods;

(e) 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; or

(f) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.

In cases not falling within any of these enumerated in this Section, no employee may be made to work beyond eight hours a day against his will.

Hi,
I've been scouting some law offices to confirm whether there is labor violation in our BPO company. We seriously intend to seek professional help as we wanted to leave the company due to many reasons. However, non-compete restraint was holding us back. I wanted to confirm if indeed, the company has violated the labor code, will this suffice to nullify "non-compete agreement?"

The new account in our company is almost 1 month and a half old and everyone is asked by an American client to finish reviewing medical bills. Our shift is 1pm-9pm but end up 3am-6am in the morning. Currently, our overtime is everyday since the start of July until now. It appears the amount of bills are too much for us to be able to finish in 8 hours. Minimum bills ranges from 500-1000 bills/day. The management has been informed of this complaint but the manager told us he can't do anything about it.

It appears there wasn't any consideration and respect in this company. It was very upsetting and had already caused health issues among us.

Hope to hear from you as I am planning to hand over my resignation letter this week.

Thank you.


Note: If you have list law offices who specializes in labor issues/violations esp non-compete clause who can provide professional assistance, please do send an email. gmark28555@yahoo