Dear Atty. Vlad,

I am an employee in an export processing company in Sta. Rosa, Laguna. In the first week of December this year, my Manager asked me to render overtime work for four days. The following week, however, I only rendered half day's work for four days. When payday came, I noticed that I did not receive any overtime pay for the work I rendered in the first week of December of this year. When I went to my Manager to ask 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? Kindly help me.

Britton

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Dear Britton,

From what I understand, you rendered overtime but you were not paid overtime pay and overtime pay premium because the Company had offset your overtime work with your undertime work.

Pursuant to Article 88 of the Labor Code, as amended, "(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."

The foregoing provisions of the Labor Code regarding prohibition on offsetting of undertime work with overtime work is very clear. What your employer should have done was, pay you
half-days' pay for your half-day's work rendered for four days and at the same time, pay you for the overtime work plus overtime work premium of 25 percent for four days, pursuant to Article 87 of the same code, to wit:

"Overtime work. Work may be performed beyond eightpercent 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 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