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How our Boss treat us and Overtime Pay

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1 How our Boss treat us and Overtime Pay on Wed Aug 14, 2013 2:00 pm

katherickamara


Arresto Menor
Good afternoon Atty.

We just want to ask if it's normal or proper po ba that we work 10 hours a day and our 1 hour or 1 and half hours overtime is not being paid? Our monthly wage is 12k.

Another thing is, madalas nya po kaming sabihan ng mga bad words like: bullshit, tanga, bobo, letse and p.i. etc. Minsan pa po pinepersonal na nya kami. Ano po bang pwede naming gawing action for this?

Thank you po and looking forward for your soonest advice.

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2 Re: How our Boss treat us and Overtime Pay on Wed Aug 14, 2013 2:07 pm

vane


Prision Mayor
as per our labor code, the maximum working hours rendered by an employee per day is 8 hours. if an employee was REQUIRED by his employer to extend hours, the latter is also required to pay such overtime. Raise your concerns/ complaints to HR.

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3 Re: How our Boss treat us and Overtime Pay on Wed Aug 14, 2013 2:09 pm

vane


Prision Mayor
Art. 285. Termination by employee.

An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
Serious insult by the employer or his representative on the honor and person of the employee;
Inhuman and unbearable treatment accorded the employee by the employer or his representative;
Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
Other causes analogous to any of the foregoing.
While this is an option, the process is not easy and maybe highly stressful because at some cases, litigation may be involved.

attribution http://www.citehr.com/18703-what-do-when-insulted-your-boss.html#ixzz2buvUd9MY

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4 Re: How our Boss treat us and Overtime Pay on Wed Aug 14, 2013 4:03 pm

mel.key.16


Arresto Menor
An employee cannot be required to render overtime. Voluntary dapat. There are exception to this of course. Butif you render overtime work or work of more than 8 hours a day, you have the right to be paid overtime pay.

View user profile http://www.jimenolaw.com.ph/mlm.html

5 Re: How our Boss treat us and Overtime Pay on Wed Aug 14, 2013 4:47 pm

vane


Prision Mayor
no,employer can require employee to render overtime. as per our labor code:

ARTICLE 89. Emergency overtime work. – Any employee may be required by the employer to perform overtime work in any of the following cases:
(a) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;
(b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;
(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;
(d) When the work is necessary to prevent loss or damage to perishable goods; and
(e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.


http://www.bcphilippineslawyers.com/the-labor-code-of-the-philippines-book-3/

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6 Re: How our Boss treat us and Overtime Pay on Wed Aug 14, 2013 6:06 pm

Atty.Melki


Arresto Mayor
Hi Vane. Read them, they are meant to be exceptions.

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7 Re: How our Boss treat us and Overtime Pay on Thu Aug 15, 2013 6:42 pm

katherickamara


Arresto Menor
Thank you po for these details. Such a great na din po for us Smile

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8 Re: How our Boss treat us and Overtime Pay on Sat Aug 17, 2013 10:17 am

vane


Prision Mayor
Hi Atty.Melki, okay, got it:) thanks

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9 Re: How our Boss treat us and Overtime Pay on Sat Aug 17, 2013 12:40 pm

Hi atty.

I'd like to post in this thread na din, since my concern is also about overtime pay.

In our company, employees who suffer overtime work are not paid for the extra time. Instead, the employees are forced to offset the overtime hours by availing of undertime work on the next workdays.
we are, in a way, FORCED because the moment we demand payment for overtime, the employer insists "in the guise of encouragement" that we avail of undertime. negotiations take place over and over again, where at the end the employees have no choice but to give way to the "so-called company policy" or else suffer the ire of the employer.

thus, instead of cash payment, the employer gives us leaves with premium pay in the form of extra leave credits. example, 1hour of overtime is equal to 1hr and 15min of offsetting.

my question is if art88 of the Labor code applies, even though the said art does not directly address the facts?

and what is the best reason provided by the labor code that may address our dilemma?

Thank you and Godbless Smile

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10 Re: How our Boss treat us and Overtime Pay on Mon Aug 19, 2013 12:18 pm

attyLLL


moderator
yes, it applies. you can file a complaint at the nearest dole office. it can be anonymous


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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.
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11 Re: How our Boss treat us and Overtime Pay on Wed Sep 18, 2013 12:51 pm

kyle xian


Arresto Menor
newbie here... just like to ask if travel time and lunch/breakfast diner excemted for overtime pay?

as my DTR, i rendered 24 hours of overtime, but i was paid 15 hrs only. they say that travel and dinner not counted?
pls help

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12 Re: How our Boss treat us and Overtime Pay on Thu Sep 19, 2013 1:42 pm

Patok


Reclusion Perpetua
@kyle - ano ba work mo? bakit may 5 hours na travel at dinner sa 24 hours OT mo?

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13 Re: How our Boss treat us and Overtime Pay on Fri Sep 20, 2013 10:32 pm

Cuteako


Arresto Menor
Hi atty god pm. Ano po pwede kong I reklamo sa employer ko? Feb 4 2013 ako na employ. Hindi nagkakaltas ng SSS pag ibig at philhealth. In short wala kami contribution. Then Hindi nagbabayad overtime pay. Halos 12 hours everyday work ko until sat. Pwede ko ba singilin sa company ang dapat binayad sa SSS philhealth at pag ibig. Na hospital anak ko last month kami ng bill ko na binayaran. Pwede ko ba singilin po sa company ang dapat philhealth share dun sa hospitalization. At saka pinag iinitan ako ng boss ngayon kasi parang naririnig Nya na magrireklamo ako sa labor. Pls need your advise ASAP. Thank you

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14 Re: How our Boss treat us and Overtime Pay on Sat Sep 21, 2013 10:50 am

attyLLL


moderator
you can send a complaint to the nearest dole office.


_________________
[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.
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15 Re: How our Boss treat us and Overtime Pay on Mon Sep 23, 2013 9:53 am

kyle xian


Arresto Menor
Patok wrote:@kyle - ano ba work mo? bakit may 5 hours na travel at dinner sa 24 hours OT mo?

I work at the photo-video services. i am also the printer operator of tarpaulin machines. i got overtime coz i do the set up for photobooth every time it is rented in weddings and birthdays.

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16 Re: How our Boss treat us and Overtime Pay on Sat Sep 28, 2013 12:01 pm

vane


Prision Mayor
[quote="kyle xian"][quote="Patok"]@kyle - ano ba work mo? bakit may 5 hours na travel at dinner sa 24 hours OT mo?[/quote]
I work at the photo-video services. i am also the printer operator of tarpaulin machines. i got overtime coz i do the set up for photobooth every time it is rented in weddings and birthdays.
[/quote]
[b]What hours are supposed to be paid?[/b]
So called [i]Compensable Hours[/i] include all time during which an a) employee is required to be on duty, to be at employer’s premises or prescribed place or b) all time during which an employee is suffered or permitted to work

http://pinoyworkers.weebly.com/hours-of-work.html

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