Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

9.5 hours shift

View previous topic View next topic Go down  Message [Page 1 of 1]

1 9.5 hours shift on Thu Mar 01, 2012 6:12 am

aaliyah26ph


Arresto Menor
I'm already 6yrs in the company. In my first yr, we were asked to sign a document about making us agree on a 9.5 hour shift including the 1 hour and 30 min break thus making it an 8.5 hr work and in return as a form of "payment" for the extra .5 hr work, we were given an additional "rice allowance" worth P1000 and "laundry allowance" for P125 on top of our other allowances. We have a yearly increase, management reasoned out that, they opted to pay thru "allowances" because if our rate per hour increases, it will just go to tax. Some of did not sign but since majority did, the 9.5 hr work was implemented.

Then recently, after 4 yrs of rendering a regular 9.5 hr shift, we are asked to sign another document, amending the 9.5hr back to 9 hour shift retaining the "rice allowance" and "laundry allowance". We suspect that somebody complained the 9.5 hour shift and won.. and because of the rule on diminution of benefits under the Labor law, the extra "allowances" were not allowed to be discontinued. Now my questions are:

1. Was the signing of the document even legal since our law says the normal hours of work under the Labor Code is 8 hours in one work day?

2. Can we demand our company to pay us the 30 mins OT that we've worked on for the past 4 years?

View user profile

2 Re: 9.5 hours shift on Fri Mar 02, 2012 11:06 pm

attyLLL


moderator
the one hour break is not chargeable. but you are allowed 2 15 min paid breaks.

yes you can ask for OT for the daily 30 mins, but up to last 3 years only


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum