Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Regular OT exceeded in 8 hours

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Regular OT exceeded in 8 hours on Fri Aug 18, 2017 11:18 am


Arresto Menor
Hi Guys,

I'm not sure if my question has been posted here before or has the same concern. Here it goes.

Is it right to deduct 1 hour from the overtime rendered that exceeded to 8 hours?

For example:

Regular Workings hours: 8am-5pm
Overtime: 5pm - 3am
Total OT filed by employee: 10hours

Since the employee filed for 10hours OT, is it right to pay the employee for his 9 hours only since there should be a 1 hour break time for the straight duty?

Additional note: Some employees claimed that they did not consume the 1 hour break time given, while some said they did not have their break during overtime.

Thank you.

View user profile

2 Re: Regular OT exceeded in 8 hours on Fri Aug 18, 2017 1:51 pm


Reclusion Perpetua
basta the break was given even if the employee worked through it, no need to pay overtime for that hour. but if you sid not allow the employee to take a break then you have to pay him for that one hour

View user profile

3 Re: Regular OT exceeded in 8 hours on Fri Aug 18, 2017 5:16 pm

Capt Ragnar

Arresto Menor
It is not right for the employer to deduct the exceeded amount of hours worked by its employees. Assuming regular work hours is 8 hours and then your meal break plus snack time which is to be taken whether your colleagues admit it or not. We'll, I believed I answered your question mate.

View user profile

4 Re: Regular OT exceeded in 8 hours on Fri Aug 18, 2017 5:22 pm


Reclusion Perpetua
to clarify what he said, the employer should not deduct the exceeded amount of hours worked by its employees THAT ARE AUTHORIZED.

View user profile

5 Re: Regular OT exceeded in 8 hours on Sat Aug 19, 2017 6:59 am


Reclusion Perpetua
To add to luke statement:

If you are told to render OT work, does the OT filed in advance?
5pm - 3pm is a 10 hours overtime, nilalagay ba sa OT form ninyo na mag work kayo ng 10 hours? What about dinner break? the company will take into consideration that you have a dinner (meal) break, which is the same for lunch break and that's 1 hour. Company usually take this into consideration because you cannot work straight 10 hours without dinner and they will only authorize 9 hours overtime and the 1 hour for your meal.

View user profile

Sponsored content

View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum