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Unpaid Weekend and Holiday Overtime

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1 Unpaid Weekend and Holiday Overtime on Wed Apr 16, 2014 12:56 pm

happy_asalways


Arresto Menor
Good day. I am working as a Sales Officer but thru phone on a credit card company/bank. Are we included on the exempt for Overtime regulations? We are receiving monthly salaries and allowance but we can get monetary incentives on top of it after hitting certain threshold. Everyday we are rendering 1 hour OT from Monday to Friday and around 5 hours OT on Saturdays at least twice a month. We we're just given transportation allowance and meal allowance when we finish at least 5 hours of OT on Saturdays. But those allowances evenwhen combined is much less than our regular daily wage. For meal allowance, they now require Official receipt for reimbursement but only up to 125php. Moreover, all regular holidays that were mandated last year including Independence Day we're unpaid and not even transportation or meal allowances were provided. If these are valid violations by that company, can we file a complaint even without a record? Our attendance were recorded thru a database but I guess we can have out contract and payouts to be printed online as proof.

Thanks in advance!

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2 Re: Unpaid Weekend and Holiday Overtime on Wed Apr 16, 2014 3:10 pm

HR Adviser


Reclusion Perpetua


Where do you work? In an office or in your home?

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3 Re: Unpaid Weekend and Holiday Overtime on Wed Apr 16, 2014 11:33 pm

happy_asalways


Arresto Menor
In an office. It's a well known bank that also provides credit cards.

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4 Re: Unpaid Weekend and Holiday Overtime on Thu Apr 17, 2014 12:21 am

thepoetsedge


Reclusion Perpetua
Do you have a copy of your employment contract? The terms and conditions there would be helpful in determining the violated standards in labor law...

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5 Re: Unpaid Weekend and Holiday Overtime on Thu Apr 17, 2014 1:18 am

taftlaw


Arresto Menor
Your work on holidays should have been paid. Similarly, as your job seems to be purely office-based, you should be eligible for OT pay; the allowances provided cannot be used in place of this.

An exception to this would if you are considered by your company as supervisory or managerial in level, in which case they are not legally obliged to pay you for overtime work. This can be overridden by an employment contract though (referencing the previous poster's inquiry), as that governs the particular conditions of your employment, including any special eligibility to OT pay despite managerial status.

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6 Re: Unpaid Weekend and Holiday Overtime on Thu Apr 17, 2014 1:30 pm

happy_asalways


Arresto Menor
Nope I'm not a manager and designation is just assistant officer but it's actually an entry level position. How about the goal issue? It's like telemarketing but again we have monthly salary so I'm just wondering if that will fall under employees paid by results category. Thank you in advance!Smile

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