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Is it FORCE LABOR?

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1 Is it FORCE LABOR? on Sat Jan 10, 2015 9:53 am

Patatas1


Arresto Menor
Good morning to everybody:)
For the past months we've been rendering OT to cover lost hours, we have not refused it before since naiintindihan naman namin un. However, recently I was enjoying my vacation leave from dec 25 2014 to jan 2 2015, and I just found out na my TL file OTs w/o my knowledge ni hindi sya tumawag, text or message on face book & i was surprised when i went back to work na I will stay for another 1 hr para sa OT na wala akong alam. And the horrific thing is hindi lang ung araw na un ung nka plot pati ung the following week were plotted already so all my to do list was sabotaged, ung pag laba, ligo ng aso etc dahil dun, I want help and I want to know anong legal proceeding dapat dito? Is this a clear force labor? What to do because Im planning to report this to the HR of our office, and additional pa i asked a frien w/c is a floor support if there was a circular/ email sent to them about mandatory OT he answered NONE

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2 Re: Is it FORCE LABOR? on Sun Jan 11, 2015 7:24 am

Patatas1


Arresto Menor
I need advise from a legal adviser pls reply asap thanks

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3 Re: Is it FORCE LABOR? on Sun Jan 11, 2015 8:55 am

council


Reclusion Perpetua
Overtime can be required.

ART. 89. Emergency overtime work. - Any employee may be required by the employer to perform overtime work in any of the following cases:

(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;

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4 Re: Is it FORCE LABOR? on Sun Jan 11, 2015 4:03 pm

Patatas1


Arresto Menor
Yes I understood council binasa ko kasi ung Labor code before asking this, pero kasi this happened w/ out giving me a notice since I was on leave na inapply nung TL nami, ni hindi ako naka receive ng text, pm sa fb of a single call to inform me that he plotted those OT, it's against my will din kasi I have scheduled things to do already after my shift na hindi ko nagawa w/c pissed me off, naka pag adjust sana ako kung nasabihan ahead of time. I also read an article on Republic act 10364

"“(d) Forced Labor – refers to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of, force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception including any work or service extracted from any person under the menace of penalty."

It states there naman na use of coercion I was not given the chance to decline the Mandatory overtime & no written request was shown to us regarding the mandatory OT, I was compelled to go to work kasi naka plot na sya & there is nothing I can do daw sabi nung TL namin w/ is again against my will. Can I have a reply again to this asap thank you council for your time.

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5 Re: Is it FORCE LABOR? on Mon Jan 12, 2015 9:12 am

mishael032409


Arresto Menor
Just sharing guys - Art. 89 of the Labor Code empowers the employer to legally compel his employees to perform overtime work against their will to prevent serious loss or damage, to wit.

If no one will answer calls, this will create abandon then a serious loss to the business.

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6 Re: Is it FORCE LABOR? on Mon Jan 12, 2015 10:20 pm

Patatas1


Arresto Menor
This happened last week, now this had impacted my health condition, over fatigue ung finding.

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7 Re: Is it FORCE LABOR? on Thu Jan 15, 2015 11:04 am

attyLLL


moderator
1 hour mandatory OT for one week, even for one month, in my opinion, is still ok.


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8 Re: Is it FORCE LABOR? on Thu Jan 15, 2015 1:42 pm

Patatas1


Arresto Menor
Eh hindi lang nman po 1hr mandatory ot, there were 5 consecutive days from jan 5-9 & jan 2 2015 post shoft ot na pinlot na hindi ko po alam, and on the 12 jan nag sl ako kasi na trigger ung anemia so another lost hr nanaman so ibig sabihin possible ot nanaman so gi di na maubos ubos ung ot na yan

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9 Re: Is it FORCE LABOR? on Fri Oct 23, 2015 12:51 am

mjperalta


Arresto Menor
may schedule po kmi 5 working days in a week, 12 hrs a day. we are paid on our 5th day as OT. this is our permanent working schedule. is it allowed by the DOLE? they said that our 5th day is not called as " mandatory overtime" because it is already part of our working schedule, and we not not allowed not to report on work even if it is considered an overtime.

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10 Re: Is it FORCE LABOR? on Mon Oct 26, 2015 4:48 pm

attyLLL


moderator
That set-up is very typical for security guards, and it is not unlawful. If you feel strongly about this situation you can me a report to the nearest DOLE office.


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11 Re: Is it FORCE LABOR? Today at 4:33 pm

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