OT pay applies to compressed workweek scheme – Bello

MANILA, Philippines— Employees, who would be asked to work beyond eight hours under the proposed compressed workweek, must be given an overtime pay, Labor Secretary Silvestre Bello III said on Monday.

During the hearing of the Senate committee on labor, Bello expressed the Department of Labor and Employment’s (Dole) support for Senate Bill No, 153, allowing the adoption of alternative work arrangements.

Bello though suggested that the “hours of work in any given working day under a compressed workweek” should not exceed 12 hours.

“We’d also like to note that compressed workweek is not always a four-day workweek . The duration of the compressed workweek varies. It may be a three-day or a five-day compressed workweek depending on the normal workweek of the company,” he pointed out.

Bello also wants Dole to be “expressly given the power to limit the applicability or coverage of the compressed workweek vis-a-vis the position involved or function performed taking into consideration the health and safety of the employees.”

However, when Senator Joel Villanueva asked about overtime pay, the Secretary said: “We present our position that the issue of overtime pay can’t be waived by the worker.”

“So after 12 hours, that is kung wala silang usapan, automatic yung overtime? Pero kung may usapan , sabi nyo hindi mawi-waive?” Villanueva, committee chair, asked.

(So after hours, that is if they don’t have an understanding, the overtime pay is automatic? But if they have an understanding, you’re saying, it can’t be waived?)

“Hindi po pwedeng i-waive, your honor,” Bello said.

“So meaning to say after eight hours and if it’s 12 hours, overtime pay na yung four hours?” the senator asked again to which Bello answered yes.

But Senator Nancy Binay pointed out that in the Senate, which adopted a four-day workweek, no overtime pay is given to employees even if they work beyond eight hours,

“Covered pa rin, covered pa rin basta beyond eight hours,” Bello said. “Sa government e ayaw kong pakiaalaman sa Civil Service Commission yan, your honor.”

(It’s still covered as long as it’s beyond eight hours. I don’t want to interfere with the government, it’s up to the Civil Service Commission)

After hearing Bello’s explanation, Senator Aquilino “Koko” Pimentel III said it might be difficult to adopt a voluntary work arrangement as it would be “more expensive” to pay for overtime work.

Binay shared Pimentel’s apprehension.

“Parang mawawalan ng incentive to pursue yung ganitong klaseng work arrangement kasi nga parang mas malaking yung magiging cost sa employer if we pursue this kind of set up,” she said.

(There will be no incentives to push this kind of work arrangement because the costs for employer would be higher if we pursue this kind of set up.)

But Bello insisted that under the law, work must not exceed eight hours.

“Beyond that (8 hours){ is already overtime,” he said. “So If you want to make a complete arrangement, more responsive to what you feel should be the overtime pay, then you have to amend Article 87, your honor on overtime pay.”