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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » No overtime pay, only 50 pesos allowance

No overtime pay, only 50 pesos allowance

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1No overtime pay, only 50 pesos allowance Empty No overtime pay, only 50 pesos allowance Tue Aug 01, 2017 2:39 pm

mateyo28


Arresto Mayor

We are working 10 hours a day.

OTs are only allowed to file if more than 2 to 3 hours.
No OT pay, only 50 allowance per hour for approved OT even though my salary is around 25k.

May I know the legal basis, if there are any, for an employer to have these kind of rules?

Is this legal?

Capt Ragnar

Capt Ragnar
Arresto Mayor

Here is the list of how the legal computation of overtime is in the country:
http://payrollhero.ph/ot_pay

If this rules are clearly stated in your employment contract and you've signed it, then clearly your employer are violating these rules as the most basic hours of work to be rendered is 8 hours excluding your break upon taking your meal etc.

mateyo28


Arresto Mayor

Hindi ba normal lng un sa CWW?

Capt Ragnar

Capt Ragnar
Arresto Mayor

mateyo28 wrote:Hindi ba normal lng un sa CWW?

CWW??

As you've stated, you're working 10 hours a day that means you already exceeded the normal work hours as stated in the Labor Code here in the Philippines.

mateyo28


Arresto Mayor

Compressed workweek (CWW) - not familiar? This is also stated on the labor code.
Mondays to Saturdays work na ginawang Mondays to Friday lang.

mateyo28


Arresto Mayor

(1) Compressed work week, where the normal work week is reduced to less than six (6) days, but the total number of work hours of 48 hours per week shall remain. In this arrangement, the normal work day is extended to more than eight (Cool hours, but should not exceed 12 hours, without corresponding overtime premium.

lukekyle


Reclusion Perpetua

If naka CWW kayo, overtime only starts after the regular working hours. so if 10 hours ang work day, it will only start on the 11th hour. makikita mo yung regular working hours sa application ng employer mo sa Dole

lukekyle


Reclusion Perpetua

furthermore maraming positions na hindi entitled sa overtime. are you considered rank and file?

mateyo28


Arresto Mayor

Im not a lead or in any managerial position.

lukekyle


Reclusion Perpetua

anyways i think you know the answer to your question with what you already cited re cww

Capt Ragnar

Capt Ragnar
Arresto Mayor

mateyo28 wrote:Compressed workweek (CWW) - not familiar? This is also stated on the labor code.
Mondays to Saturdays work na ginawang Mondays to Friday lang.

Yeah, got ya.

In your case, yung Company need to be registered in DOLE since they already adopted the CWW scheme.

Having said that, you are entitled to OT pay if you've exceeded the total number of work hours of 12 hours. In that case, any work performed beyond 12 hours a day or 48 hours per week shall be subject to OT payment.

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