Dear Atty. Nico,

I work from home for a private company. My shift officially ends at 5 p.m., but my supervisor regularly sends urgent tasks until around 9 p.m. Since I am at home anyway, I was told this is simply part of being “committed” to the job. Also, these extra hours are not reflected in my payslip. Can I still claim overtime pay even if I work remotely?

Cholo

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Dear Cholo,

Working from home does not automatically deprive an employee of the right to overtime pay. Labor standards apply regardless of whether work is performed in the employer’s office or from the employee’s home. That said, under Article 84 of the Labor Code, the normal hours of work of an employee shall not exceed eight hours a day, except as otherwise provided by law. Any work performed beyond eight hours generally constitutes overtime work, which must be compensated with the corresponding overtime premium under Article 87 of the Labor Code, unless the employee falls under recognized exemptions such as managerial employees.

However, please note that as a rule, the employee bears the burden of proving entitlement to overtime pay. Entitlement to overtime pay must first be established by proof that said overtime work was actually performed, before an employee may avail of said benefit. The same is likewise true for premium pay for holidays and rest days because these benefits are not incurred in the normal course of business. To support his allegations.

Thus, it is not enough to merely allege that you regularly worked beyond your scheduled hours. There must be evidence showing that you indeed rendered overtime work and that such work was required, authorized, or at least known to and accepted by your employer.

Hope this helps.

Atty. Nico Antonio