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Mandatory OT and Employment Contract

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1 Mandatory OT and Employment Contract on Sat Apr 28, 2012 3:08 am

LJ Briones


Arresto Menor
Hi Atty:

I have a friend working on a call center. He is an IT there. Just a few days after being employed under this call center, he learned that the company doesn't issue a contract. They don't deduct anything on the salary meaning they don't pay SSS, philhealth, tax, and/or pag-ibig which I believe the law requires for any business. The company's operations is during Mondays to Fridays (evening only). Their boss said that they need to render OT on a Saturday to do some maintenance but then their boss wanted them to render this OT from after their shift on Saturday until Sunday morning which I think is unnecessary because of the length of the OT, because this may affect their health condition since they have no sleep on the previous night (because they are on duty), and because they had proposed to their boss an alternative way so that they don't need to render such a long OT but still being able to complete the task but their boss did not approve. My friend and his co-worker asked if they can work only until Saturday evening and just continue it on Monday before the company’s operating hours but their boss said that they have to do this and that they can’t say no or will render the OT but will not complete until Sunday morning.

I was shocked upon hearing this because in the first place, they don't issue contract and contracts are necessary because it is where a company states the job description and working conditions for the job including the OT of the employee and that the employee agreed on the terms and conditions indicated on the contract. I also strongly believe that this company doesn’t even have a license.

Even though I think that what their boss wants to happen regarding their OT is unacceptable, I want to know a professional's opinion on the legality of this. I would also like to know what are the possible violations that this company might have committed.


Thank you in advance.

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2 Re: Mandatory OT and Employment Contract on Sun Apr 29, 2012 8:55 pm

attyLLL


moderator
written contracts are not indispensable, and OT can be required by management. but as for statutory benefits, they can report the company to the nearest dole, sss or pag-ibig office.


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3 Re: Mandatory OT and Employment Contract on Wed May 02, 2012 3:06 am

LJ Briones


Arresto Menor
thank you...

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