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Is it legal to impose mandatory overtime work?

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aprilyours


Arresto Menor
Good evening. My colleagues and I really need your help in determining if mandatory overtime in our company is legal.

We work in a call center and the management in our department just announced today that we are all required to work overtime this month. They have not told us yet when exactly we have to do it or how many hours are required. Is it legal for the company to force us to render overtime work? I hope it is not too much to ask but we would greatly appreciate it if you would please quote a section of the Labor Code of the Philippines regarding the legality or illegality of forced overtime on your answer. We will need it because if it is against the law, we plan to file a formal complaint to our HR department so having a direct quote from the labor code will give us an inviolable backup.

Thank you very much in advance and we are all looking forward to your answer.



Last edited by aprilyours on Fri Jul 08, 2011 3:17 am; edited 1 time in total (Reason for editing : punctuation mark error)

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attyLLL


moderator


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aprilyours


Arresto Menor
Thank you very much for the link sir. I just finished reading it but unfortunately I cannot yet determine whether the forced OT in my company is legal or not because of one of the exceptions. I need your help again sir. Here's the situation. The management is forcing us to work overtime because they are expecting higher number of calls than usual. They need more people to handle those calls to prevent the customers from being on a long hold or wait time in our automated system before they get transferred to a representative. I wanted to you to know that so you can help us determine if that reason for the mandatory OT falls under this exception:
(e) When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer; or


Thank you again for looking in this matter.

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council


Reclusion Perpetua
Yes, I believe paragraph (e) of Article 89 would cover your situation.

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aprilyours


Arresto Menor
Ok. Thank you very much!

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6 mandatory OT on Fri Feb 10, 2012 3:50 pm

Jeighnhize


Arresto Menor
council wrote:Yes, I believe paragraph (e) of Article 89 would cover your situation.

Im glad i found this site...
we have the same situation and I got it there is a mandatory OT... but my question is, Is there a maximum days or month that they can require us for an OT... its been 2months already and were always on a 10hours (w/lunch) of shift. Is this still valid?

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bankulatte


Arresto Menor
same situation.. we were told that these are emergency overtimes that mandated to us with provisions in labor code.. well that's what they say...
(a) When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive;
-------im not aware of any war being declared-----
(b) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other disaster or calamities;
------no calamity in locality---------
(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 causes of similar nature;
-----we work with computers, but this paragraph i think is about repairs, installations, but not customer service, just my 2 cents anyway; however, im not sure what it means by similar nature.. is it pertaining to serious loss or damage, or abt any loss that company may suffer...cause the main reason for "emergency OT" is that lack of available people to cover the calls w/c would result to loss... is this paragraph abt working on equiptments resulting to loss, or is it loss in general??-------

(d) When the work is necessary to prevent loss or damage to perishable goods;
-----call center? perishable goods? people die, perish i guess, anyway this one will be just funny if this is the basis-----

(e) When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer; or
---- emergency OT or required OT are being plotted in advance, a week, a month before-------
(f) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.
------talo pa pagasa, alam nila weather kung ito reason plotting it in adv-----

i don't have a problem working OT since these are compensated.. but i'd rather have the option to render or not to render it....but they just keep saying that we are required to do it because of provisions on labor code.... anyone pls respond... is mandatory OTs by call centers equate to forced labor ..prng kse it conflicts with constitutional right against involuntary servitude... i really hope someone can expound...ty ty po..

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attyLLL


moderator
i don't believe there are clear rules on this, but permanent OT should not be allowed. you can report it to the nearest office of DOLE


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bankulatte


Arresto Menor
tnx po for reply

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sam08


Arresto Menor
HI,


I need your help regarding my company policy to render mandatory ot, as per them we dont have a choice but to render rd ot. other wise by next day we dont have a job... is this legal what should i do? will this fall under harasment?

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stargazer


Arresto Mayor
Does it fall under: "(e) When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer;"

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attyLLL


moderator
refusal to render overtime is considered insubordination, but imo, should not be basis for automatic termination


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13 mandatory ot on Thu Dec 05, 2013 5:17 pm

caveat emptor


Arresto Menor
sir if refusal to render overtime work is insubordination, then how about forcing me to render overtime work against my will most especially if it's causing health problems supported by documents from accredited hospitals

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baboykanding


Arresto Menor
Another question. If there is a stipulation in our contract that we can not complain about our working hours/ work shifts. Does that meant that they can force us to work overtime without the conditions stated in art 89?

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