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Overtime Work Not Paid

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1 Overtime Work Not Paid on Tue Apr 15, 2014 2:12 pm

adsunderground


Arresto Menor
Hi,

I'd like to seek advise regarding this matter. I have actually signed a contract stating the we will not receive any overtime pay for overtime work hoping that overtime work is occasional. Unfortunately it isn't as I am being asked to work more than 45 hours per week. Also, we are being required to render work on holidays and sometimes on weekends as well. And although the company allows us to offset these days, I still prefer not to work on these days.

I would like to know if I have the freedom to decline requests to work overtime without any negative repercussions.

I am working for a firm that provides IT Consulting Services and that I am a Senior IT Consulant (Regular Employee).

For security purposes, I prefer not to disclose any detailed information / names.

Appreciate your feedback on this.

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2 Re: Overtime Work Not Paid on Tue Apr 15, 2014 4:05 pm

vane


Prision Mayor
that contract that you've signed is considered null and void considering that it is illegal to deprive you to your right for OT pay

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3 Re: Overtime Work Not Paid on Tue Apr 15, 2014 4:14 pm

adsunderground


Arresto Menor
vane wrote:that contract that you've signed is considered null and void considering that it is illegal to deprive you to your right for OT pay                                                                                                                                                                                          

Hi Sir,

Thank you for your response.

You mean to say that I do not have to abide by the contract in this case?

I'm also currently under bond contract with them but I did not receive any training or anything else in exchange. I was just advised that there will be a bond. I don't have my contract in front of me right now so I can't say the exact reason stated in the contract but as far as I can remember, it has something to do with the client needing my services for that duration and that it would damage the company's reputation if I leave earlier than expected.

I will verify this when I get home and post the reason stated in the contract.

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4 Re: Overtime Work Not Paid on Tue Apr 15, 2014 4:44 pm

council


Reclusion Perpetua
adsunderground wrote:Hi,

I'd like to seek advise regarding this matter. I have actually signed a contract stating the we will not receive any overtime pay for overtime work hoping that overtime work is occasional. Unfortunately it isn't as I am being asked to work more than 45 hours per week. Also, we are being required to render work on holidays and sometimes on weekends as well. And although the company allows us to offset these days, I still prefer not to work on these days.

I would like to know if I have the freedom to decline requests to work overtime without any negative repercussions.

I am working for a firm that provides IT Consulting Services and that I am a Senior IT Consulant (Regular Employee).

For security purposes, I prefer not to disclose any detailed information / names.

Appreciate your feedback on this.

What is the reason for the overtime? Is it necessary and cannot be done by anyone else?

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5 Re: Overtime Work Not Paid on Tue Apr 15, 2014 4:57 pm

adsunderground


Arresto Menor
council wrote:What is the reason for the overtime? Is it necessary and cannot be done by anyone else?

Hi,

Here are the different reasons.

* Productivity/Utilization. Initially we have a 100% productivity. This is based on hours worked. Vacation Leaves are included. Other leaves i.e. Sick Leaves are not. So if you file an SL, means your productivity becomes less than 100% and the company does not like that. So we are asked to make up for this through overtime on holidays.

* Unreasonable deadlines. Most of the time we get assignments where the deadline is on that day we get the assignment itself. And considering the complexity of the work, we find it impossible to finish in one day. In these cases, they make us work long hours on weekdays and if the task is not finished by Friday, we are then required to work on weekends. Right now we are required to work a minimum of 45 hours a week and we've been doing this for 4-6 months now.

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6 Re: Overtime Work Not Paid on Tue Apr 15, 2014 5:00 pm

council


Reclusion Perpetua
adsunderground wrote:
council wrote:What is the reason for the overtime? Is it necessary and cannot be done by anyone else?

Hi,

Here are the different reasons.

* Productivity/Utilization. Initially we have a 100% productivity. This is based on hours worked. Vacation Leaves are included. Other leaves i.e. Sick Leaves are not. So if you file an SL, means your productivity becomes less than 100% and the company does not like that. So we are asked to make up for this through overtime on holidays.

* Unreasonable deadlines. Most of the time we get assignments where the deadline is on that day we get the assignment itself. And considering the complexity of the work, we find it impossible to finish in one day. In these cases, they make us work long hours on weekdays and if the task is not finished by Friday, we are then required to work on weekends. Right now we are required to work a minimum of 45 hours a week and we've been doing this for 4-6 months now.

You may be able to file money claims for overtime. However, win or lose, you may want to find another job elsewhere afterwards since you might now want to work there anymore.

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7 Re: Overtime Work Not Paid on Wed Apr 16, 2014 9:44 am

adsunderground


Arresto Menor
council wrote:You may be able to file money claims for overtime. However, win or lose, you may want to find another job elsewhere afterwards since you might now want to work there anymore.

Hi Sir,

Thanks for the tip.

Actually, I don't have any intention to file a law suite. I would just like to know if I can refuse to do overtime work on holidays and weekends, if they are not willing to give overtime pay, without any repercussion.

I don't mind extending a few extra hours on weekdays but I have an issue when it comes to holidays and weekends.

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8 Re: Overtime Work Not Paid on Wed Apr 16, 2014 9:52 am

council


Reclusion Perpetua
adsunderground wrote:
council wrote:You may be able to file money claims for overtime. However, win or lose, you may want to find another job elsewhere afterwards since you might now want to work there anymore.

Hi Sir,

Thanks for the tip.

Actually, I don't have any intention to file a law suite. I would just like to know if I can refuse to do overtime work on holidays and weekends, if they are not willing to give overtime pay, without any repercussion.

I don't mind extending a few extra hours on weekdays but I have an issue when it comes to holidays and weekends.

If you refuse, you may be charged with insubordination.

If you dispute your "violation" eventually, you might see yourself in DOLE to fix your situation.

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9 Re: Overtime Work Not Paid on Wed Apr 16, 2014 10:08 am

adsunderground


Arresto Menor
council wrote:If you refuse, you may be charged with insubordination.

If you dispute your "violation" eventually, you might see yourself in DOLE to fix your situation.
Hi Sir,

By this you mean, they will charge me with insubordination. And by this time, I should now file a law suit to dispute the charge against me?

On another note, why would the employer file an insubordination if in the first place, they are in violation of the labor law? Wouldn't that damage their reputation if this gets to court?

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10 Re: Overtime Work Not Paid on Wed Apr 16, 2014 10:29 am

council


Reclusion Perpetua
adsunderground wrote:
council wrote:If you refuse, you may be charged with insubordination.

If you dispute your "violation" eventually, you might see yourself in DOLE to fix your situation.
Hi Sir,

By this you mean, they will charge me with insubordination. And by this time, I should now file a law suit to dispute the charge against me?

On another note, why would the employer file an insubordination if in the first place, they are in violation of the labor law? Wouldn't that damage their reputation if this gets to court?

The burden of proof to show that they are in any violation are in your hands.

The company, especially if large enough, can just either go through the process of the hearings until it reaches the supreme court and you would be spending a lot to pay for your own lawyer so by the time it drags on for years you might just get tired of the process and stop attending, or go for a settlement.

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11 Re: Overtime Work Not Paid on Wed Apr 16, 2014 10:46 am

adsunderground


Arresto Menor
council wrote:The burden of proof to show that they are in any violation are in your hands.

The company, especially if large enough, can just either go through the process of the hearings until it reaches the supreme court and you would be spending a lot to pay for your own lawyer so by the time it drags on for years you might just get tired of the process and stop attending, or go for a settlement.
Hi Sir,

Thank you for your feedback.

For now I have 2 proofs.

1. My contract, in which it is stated there that in the event that I am required to work overtime, I will not receive any overtime pay for it.

2. We have a system where we log in our hours worked which includes work on holidays and weekends. I believe this should be sufficient.

Not sure if there's anything else I need.

Regarding what you said about spending a lot of money and attending the hearing. While this may be true, wouldn't this be also a bother and expensive to the company? I mean would they go as far as to spend a lot of money just for something like this?

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12 Re: Overtime Work Not Paid on Wed Apr 16, 2014 11:06 am

council


Reclusion Perpetua
adsunderground wrote:
council wrote:The burden of proof to show that they are in any violation are in your hands.

The company, especially if large enough, can just either go through the process of the hearings until it reaches the supreme court and you would be spending a lot to pay for your own lawyer so by the time it drags on for years you might just get tired of the process and stop attending, or go for a settlement.
Hi Sir,

Thank you for your feedback.

For now I have 2 proofs.

1. My contract, in which it is stated there that in the event that I am required to work overtime, I will not receive any overtime pay for it.

2. We have a system where we log in our hours worked which includes work on holidays and weekends. I believe this should be sufficient.

Not sure if there's anything else I need.

Regarding what you said about spending a lot of money and attending the hearing. While this may be true, wouldn't this be also a bother and expensive to the company? I mean would they go as far as to spend a lot of money just for something like this?

If they wanted to, they would probably spend anywhere from 10-20% of their profits to keep a case going, whether they win or not. That 10-20% of their would translate to 50-70% of your own income to keep it going. Who would have more resources for a battle that goes on for months or years?

I may not agree with what they are doing but in a realistic point of view, what would be better or more practical in the long run for both?

On the side, your title of "Senior IT Consulant" may preclude any overtime pay. That may be subject for clarification regarding your job description, etc.

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13 Re: Overtime Work Not Paid on Wed Apr 16, 2014 12:32 pm

adsunderground


Arresto Menor
council wrote:If they wanted to, they would probably spend anywhere from 10-20% of their profits to keep a case going, whether they win or not. That 10-20% of their would translate to 50-70% of your own income to keep it going. Who would have more resources for a battle that goes on for months or years?

I may not agree with what they are doing but in a realistic point of view, what would be better or more practical in the long run for both?

On the side, your title of "Senior IT Consulant" may preclude any overtime pay. That may be subject for clarification regarding your job description, etc.
Thanks again for the feedback. This is noted.

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14 Re: Overtime Work Not Paid Today at 8:33 am

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