Dear Atty. Vlad,
I am a waiter in a restaurant in Makati City. In the first week of January this year, my Manager asked me to render overtime work for three days. The following week, however, I only rendered half day’s work for three days. When payday came, I noticed that the overtime work that I rendered was not included. When I asked my Manager why I was not paid overtime pay and overtime pay premium, he told me that my overtime work was offset with the days I only rendered half-day’s work. Is my Manager correct? Please help me.
Bert
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Dear Bert,
From what you shared to me, your Manager did not pay you overtime pay and overtime pay premium because the restaurant had offset your overtime work with your undertime work.
Article 88 of the Labor Code, as amended, provides that, “(u)ndertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter.”
Since offsetting overtime with undertime work is not allowed under the Labor Code, what your employer should have done was, pay you only for the half -day’s work rendered and pay you for the overtime work plus overtime work premium of 25 percent, pursuant to Article 87 of the same code, to wit:
“Overtime work. Work may be performed beyond eight 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 (25 percent) thereof. x x x”
I hope that I was able to help you based on what you shared to me.
Atty. Vlad del Rosario