Overtime walang bayad

HI ma’am, sir, magandang umaga po. Magtatanong lang po ako. Ano po ba dapat kong gawin kasi po three years na po ako sa company pero wala pa po ako contract kung regular na po ba ako o hindi. Gusto ko na po mag-resign. Kailangan ko pa po bang gumawa ng resignation letter? Nagpaalam na po kasi ako sa boss ko.

Pero may mga loan pa ako sa kanya kaya sabi niya ay ipakukulong niya ako pag hindi ako nagbayad. Napapagod na po kasi ako dahil lagi na lang akong pumapasok ng 8 a.m. tapos uuwi ng 9 or 10 p.m. pero wala namang bayad ang OT. Ano po ba dapat kong gawin? Makukulong ba ako pag dinemanda ako o pwede ko silang isumbong sa DOLE. Salamat po.

Tanong:

1. Kailangan ko pa po bang gumawa ng resignation letter?

Sagot: The Labor Code requires the employee to give an advance notice to the employer of his intention to resign. The notice of resignation must be in writing and must be served to the employer at least one month prior to the effective date of his resignation.

Resignation notice usually takes the form of a letter (commonly called “resignation letter”) addressed to the employer, expressing the employee’s intention to terminate his employment. It must state the date when resignation is to take effect because of the 30-day notice requirement under the law. It may also contain the reason or justification of the employee for filing his resignation, although legally, this is not important. The employee may resign for whatever reason, or even for no reason at all. Thus, in legal parlance, voluntary resignation is also called “termination by employee without just cause.”

Resignation letter normally contains explicit words expressing employee’s intention to terminate his employment. However, lack of explicit words stating the employees intention to resign is deemed not crucial, as long as the employees intention to resign can be deduced from letter itself

2. May mga na loan po ako sa kanya. Ang sabi niya ay ipakukulong ako kapag hindi ko binayaran.

Sagot: Loans or debts can be deducted to the salary with the consent of the employee as cited in Labor Advisory No. 11 series 2014 paragraph 3.

Since the employee shown to be responsible, deduction is allowed Article 1706 of the Civil Code prohibits deduction of wages except for a debt due.

That could be the options of the employee if he wants to resign but still has loans to be paid, he has to offer a deduction from his salary.

3. Papasok ka ng 8 a.m. ng umaga tapos uuwi ng 9 or 10 p.m.

Sagot: It could be a clear ground to file complaint against his employer if the hours spent exceeds from 8 regular working hours – should be paid as overtime. If no payment made from overtime work- complaint shall prosper as possible

As stated in Book III of the Labor Code :
ART. 87. Overtime work. – Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

Article 88. par 7. Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.

He could also file request for inspection for the company to correct the alleged practice. Request for inspection should be done personally at the DOLE field office in the place where the company is located.

Thanks

I find no reason for imprisonment of debt or loans. Art. III section 20 of the 1987 Phil Constitution assured such provision
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.cralaw
Yours truly,

CATHERINE MARIE E. VILLAFLORES, MDM, MA, Ed. D.
Chief Administrative Officer
DOLE 1349 Hotline Supervisor (Designate)
Information and Publication Service
Department of Labor and Employment
Central Office
Muralla St., Intramuros, Manila 1004
Tel.No. (02) 527-3000 local 626

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