No rest day overtime, under Philippine Labor Law
Is there such a thing as a rest day overtime (OT) under Philippine Labor Law?
- No, there is no such thing as a “rest day OT”.
- There is, however, rest day work resulting in premium pay, plus overtime resulting in overtime pay based on the day’s salary rate with premium pay.
Under the Labor Code, the concept of overtime work presupposes any work done in excess of eight (8) hours in a day done by covered employees.
If work is done beyond the eight (8) hours, the employee is entitled to overtime pay.
If an employee’s regular work schedule is for 5 days only instead of the 6-day workweek, any work done on the 6th day is not treated as an overtime work. The reason being is that the definition of overtime work refers to any work done beyond the eight (8) hours in a day. Hence, the first eight (8) hours on the 6th day is treated as ordinary working hours. If work is done in excess of the eight (8) hours, then the rules on overtime pay will apply to overtime.
Rest day work
Under the Labor Code, covered employees are entitled to one (1) scheduled rest days consisting of 24-hours of uninterrupted rest, for every week.
If the employee is made to work on a scheduled rest day, then premium pay is due.
Rest day with overtime pay
If work is done on a scheduled rest day and overtime is rendered, then the employee shall be entitled to the premium pay for the first eight (8) hours and, for the overtime, the employee shall be entitled to overtime pay based on the day’s salary rate with premium pay.
- Presidential Decree No. 442, a.k.a. Labor Code
- Omnibus Rules Implementing the Labor Code
- DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits