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Company does not pay overtime

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1 Company does not pay overtime on Thu May 16, 2013 1:24 am

karvodainirol


Arresto Menor
Hi, let me share you our situation in our office.

We are hired as regular employees in an IT Service Provider. Some of us are programmers, while some are system technical support engineers.

Our company does not give overtime pay. And before, they allow offsetting for those who work for extended hours. They now removed the offset rule, but still no overtime pay.

We have a major client, and we work onsite in a system development project. As the project nears its deadline, There, we are forced to work for more than 8 hours, even for straight 24 hours, during rest days (saturday and sundays) and even holidays. I can remember last Labor day we're required to work, how ironic.

Here are some facts:

1. We are not hired on a project basis.
2. There are no definite company policies on projects.
3. We have flexible time of 8-10am to 5-7pm.
4. Our time in and out is strictly monitored by our project manager onsite.
5. Our Resource manager also strictly monitors our utilization as we are required to pass reports on our daily timesheet versus our deliverables.

My questions are:

1. According to the law, what category do we fall into? Are we considered as field personnel and thus exempted for overtime pay? or do we fall into results based workers?

2. If ever we are exempted, does this give our employer the right to force us to work for extended hours even on saturdays, sundays and holidays?


I may have further questions as our discussion advances. Please guide us. Thanks.

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2 Re: Company does not pay overtime on Thu Jun 13, 2013 9:29 pm

karvodainirol


Arresto Menor
Up ko lang po ito.. natabunan na..

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3 Re: Company does not pay overtime on Fri Jun 14, 2013 9:16 am

Patok


Reclusion Perpetua
your company can not force you to render overtime if you are not being paid, better go to DOLE so that they could schedule a visit with your company.. 

under the law all rank and file employees are entitled to over time pay, so unless you are all managers and supervisors, you should be entitled to ot pay..

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4 Re: Company does not pay overtime on Fri Jun 14, 2013 1:11 pm

karvodainirol


Arresto Menor
thanks patok. this is the catch that the HR told us: upon contract signing, the employee agrees to all company policies which include the overtime policy and offset. does this overrule the law?

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5 Re: Company does not pay overtime on Fri Jun 14, 2013 1:14 pm

Patok


Reclusion Perpetua
if a contract is unlawful.. then it's not binding..

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6 Re: Company does not pay overtime on Fri Jun 14, 2013 1:28 pm

karvodainirol


Arresto Menor
so, in other words, it conflicts with the labor law, the labor law shall apply?

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