Can Employees Be Compelled To Render Overtime Work?

Published — June 1, 2022

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

What is overtime work?

Overtime work is the service rendered in excess of and in addition to eight hours on ordinary working days, which are the prescribed daily work period.

Can Employees Be Compelled To Render Overtime Work?

Generally, no employee may be compelled to render overtime work against his will because it will constitute involuntary servitude.

However, an employee may be compelled to render an emergency overtime work.

What is an Emergency Overtime Work?

In an emergency overtime work, an employee may be required to perform overtime work in any of the following cases:

When the country is at war or when any other national or local emergency has been declared by Congress or the Chief Executive;
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;
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;
When the work is necessary to prevent loss or damage to perishable goods;
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
When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.

Will Employees be Entitled to Overtime Pay during an Emergency Overtime Work?

Yes, there should be payment of additional compensation during an emergency overtime work.

Can An Employee Refuse To Render Emergency Overtime Work?

No. Employee’s refusal to obey the order of the employer constitutes insubordination for which he may be subjected to disciplinary action.

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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