FAQ: Overtime Pay

1. In General

See: FAQ: Statutory Monetary Benefits.

The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit.

2. Specific to Overtime Pay

a. Work on an overtime

May an employer compel overtime work?

Generally, an employer cannot simply compel overtime work if there is no emergency as enumerated under the Omnibus Rules Implementing the Labor Code. (Last paragraph, Section 10, Rule I, Book III, Omnibus Rules Implementing the Labor Code)

Conversely, if there is an emergency as enumerated under the Omnibus Rules, then an employer may compel overtime work.

What is an emergency overtime work enumerated under the Omnibus Rules Implementing the Labor Code?

An emergency overtime work refers to the grounds listed in the Omnibus Rules granting the employer the right to compel overtime work to address an emergency.

Hence, the Omnibus Rules empowers the employer to require employees to work beyond eight (8) hours a day in these situations:

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

2) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to p...

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