OT entitlement

Dear Atty. Peachy,

I have been employed as a marketing assistant in a company for the past five years. Recently, I have been working longer hours, often exceeding the standard eight-hour workday. Despite my efforts, I have not been compensated for the additional hours, as my supervisor claims that I am not entitled to overtime pay due to the classification of my role.

Additionally, I have noticed a significant shift in my supervisor’s attitude towards me. He has become increasingly critical of my work performance, even though I have consistently met my targets.

Last week, I overheard my supervisor telling another colleague that they were considering dismissing me because I was not a “team player.” I am worried that my unpaid overtime and the potential for dismissal are connected.

What are my rights regarding unpaid overtime in the Philippines, and am I protected against wrongful termination? How should I address this situation to ensure I receive the pay I am owed and protect my job?

Thank you for your guidance.

Elma

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Dear Elma,

Under the Labor Code of the Philippines, particularly Article 87, employees who work beyond the standard eight hours in a workday are entitled to receive compensation for overtime work. The law specifies that the rate for overtime pay should be at least 125 percent of the employee’s regular wage.

Employers are required to keep accurate records of hours worked, and if you are classified as a non-exempt employee (which is typically the case for most workers unless specifically classified as managerial or supervisory), you should be entitled to this overtime pay. If your employer wrongly classifies your position to avoid paying overtime, this could be considered labor law violation.

In the Philippines, Article 297 of the Labor Code explains the grounds for just causes for termination. Dismissal must generally be based on a valid and just cause and follow due process.

Your supervisor’s comments about considering your dismissal and labeling you as a “non-team player,” especially when tied to your complaints about unpaid overtime, may raise red flags for wrongful termination.

If you’re dismissed from employment, it must be predicated upon valid grounds, such as gross misconduct or violations of company policies, and must also adhere to procedural requirements, including showing just cause and giving the employee a chance to respond to the allegations.

It is essential to keep detailed records of your work hours, including any instances where you had to work beyond the standard hours without receiving overtime pay.

Documenting your performance achievements and instances of your supervisor’s criticisms can provide you with evidence should you face termination or decide to pursue a claim for unpaid wages.

Consider discussing your concerns with your supervisor or the HR department. Express your understanding of your rights and seek clarification on the unpaid overtime.

If informal discussions do not work, you can file a complaint with the Department of Labor and Employment about your unpaid wages and any wrongful dismissal.

Best regards,

Atty. Peachy Selda-Gregorio