Dear Atty. Maan,

Due to personal emergencies, I had to work undertime for two days. Because of this undertime, I am being forced to render overtime work without pay to make up for the hours lost on the previous days. Is it legal for my employer to do this?

Lorna

Dear Lorna,

Article 88 of the Labor Code provides:

ART. 88. Undertime not offset by overtime.

— Undertime 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.

Further Article 87 of the Labor Code provides for the rule regarding Overtime works, stated as follows:

ART. 87. 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 25 percent thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least 30 percent thereof.

The foregoing provision of the Labor Code regarding the offsetting of undertime work overtime work is very clear. Hence, your employer cannot offset your overtime work with your undertime work. What your employer should have done was, pay you the equivalent amount for the undertime work you rendered and at the same time, pay you for the overtime work plus overtime work premium of 25 percent, pursuant to Article 87 of the same code.

Hope this helps.

Atty. Mary Antonnette M. Baudi