Dear Atty. Vlad,
I work in an office in Makati as a staff. Our work schedule is from 8 a.m. to 5 p.m. After my co-workers have left the office, I continue to stay until 7 p.m., even if I have already finished my work assignment before 5 p.m. The reason why I am staying even after 5 p.m. is for me to be paid overtime pay. However, when payday came, I was surprised because I did not receive my expected overtime pay. When I asked my employer, he told me that only authorized overtime work will be paid. According to him, since he did not authorize my work from 5 p.m. to 7 p.m., I am not entitled to overtime pay. Is he correct?
Janine
***
Dear Janine,
From the facts you stated, while I understand your point, however, your employer is correct and you are not entitled to overtime pay.
In the case of Robina Farms Cebu/Universal Robina Corporation vs Elizabeth Villa Jr., 18 April 2016, G.R. 175869, the Court pointed out:
“x x x, [s]econdly, the NLRC’s reliance on the daily time records showing that Villa had stayed in the company’s premises beyond eight hours was misplaced. The DTRs did not substantially prove the actual performance of overtime work. The petitioner correctly points out that any employee could render overtime work only when there was a prior authorization by the management. Without the prior authorization, therefore, Villa could not validly claim having performed work beyond the normal hours of work. Moreover, Section 4(c), Rule I, Book III of the Omnibus Rules Implementing the Labor Code relevantly states as follows:
Section 4. Principles in determining hours worked. — The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule:
(a) x x x.
(b) x x x.
(c) If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent on such work shall be considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor. (bold emphasis supplied)”
From the facts you told me, you have already completed your work by 5 p.m. In addition, your overtime work was neither authorized nor beneficial to your employer. As such, even if you stayed in the office after 5 p.m, you are still not entitled to overtime pay.
I hope that I was able to clarify your concern.
Atty. Vlad del Rosario