Dear Atty. Kathy,

A former employee is complaining that his overtime pay during his regular and night shifts has not been paid and was not included in his final pay. During the mediation meetings, we asked the employee for proof that he rendered overtime, but the employee’s representative said that our company has the burden of proof to show why the employee was not paid the premium since the documents as proof of payment are in the company’s custody and under our control. We checked our payroll records and did not see any supporting documents as basis for including the said premium in the employee’s final pay. Since our company did not have any proof that the overtime pay was paid to the employee, the employee is saying that he must be paid said premium. Is this correct?

Thea

Dear Thea,

It is important to note that in the absence of any substantial proof that the employee worked beyond the normal working hours during his regular shift and the night shift, his demand for overtime pay should be denied.

Based on your narration, it appears that the employee does not have proof that he worked overtime. The Supreme Court has ruled that it is the employee who has the burden to prove his entitlement to premium pay for overtime, considering that this is not incurred in the normal course of the business of the company. Therefore, the employee’s claim that he must be paid the overtime premium since the company did not have any proof that the overtime pay was paid to him, is incorrect.

(Adstratworld Holdings, Inc., et al. versus Chona A. Magallones, et al., G.R. No. 233679, 06 July 2022)

Atty. Kathy Larios