Before I thoroughly discuss the topic at hand, it is important to keep in mind that the labor code strictly limits the normal hours of work for any employee to 8 hours a day (exclusive of 1-hour break). Coercing employees to render work beyond the usual hours, even if paid, is an obstruction of justice. An employee should only be required to work overtime if the completion or continuation of the work started before the 8th hour is necessary to prevent serious obstruction or major loss to the business or operations of the employer.
Article 87 clearly states that if an employee performs beyond the required 8 hours a day, he or she should receive an additional compensation equivalent to his regular wage plus at least 25% thereof. The same principle holds true if the employee decides to work on a holiday or rest day. With all this in mind, let us begin!
Now, what should we do if an employee decides to work 18-hours (or more) straight? To explain better, I shall provide a scenario:
Employee A is working as a team leader for an international banking institution. His job requires him to work the night shift, from 9:00 PM up until 6:00 AM the following day. At one point, he was asked by his immediate supervisor to cover for his sick co-worker to which he consented. What applications should he apply if he started working at 9:00 PM and ended his shift beyond 2:30 PM the next day?
Work Schedule: 9:00 PM to 6:00 AM (Normal)
In: 9:00 PM, October 23
Out: 2:30 PM, October 24
Pre-shift threshold: 6 hours
Post-shift threshold: 8 hours
(1) File for a Schedule Adjustment. As you can see, his out for that day is already beyond the company's post-shift threshold. With his work schedule, Sprout HR will only be able to read his logs from 3:00 PM of October 23 up until 2:00 PM of October 24. In order for Sprout HR to properly recognize his logs, his adjusted schedule should be 10:00 PM to 7:00 AM.
(2) File for a Normal Overtime. In order to receive proper compensation for the extra number of hours rendered, he should file for an overtime from 7:00 AM of October 24 up until 2:30 PM the same day.
(3) File for an Early Overtime. The employee rendered a total of 8 hours and 30 minutes worth of overtime. In this scenario, the system can only capture 7 hours and 30 minutes of normal overtime. To cover the remaining 1 hour, the employee should file for an early overtime from 9:00 PM of October 23 up until 10:00 PM the same day.
I hope this information helps! For any questions or concerns, feel free to get in touch with us at experts@sprout.ph. We look forward to being of help.
Comments
0 comments
Article is closed for comments.