Dear PAO,
I am currently employed as an operations manager at a call center in Taguig City. I sometimes find myself working beyond my regular duty schedule. Even though I am highly paid as a manager, I still asked an AI bot if I am entitled to receive overtime pay. It said, “yes.” I asked our human resources officer about getting such pay, but the lady there turned me down. May I get paid overtime or not?
Xyla
Dear Xyla,
Unfortunately, the human resources officer in your company is correct. You are the operations manager of this call center in Taguig City; consequently, you, as a managerial employee, are not entitled to overtime pay.
The Labor Code of the Philippines, as amended by Presidential Decree (PD) 850, states the following:
“Art. 82. Coverage. The provision of this Title shall apply to employees in all establishments and undertakings, whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, person in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations.
“As used herein, “managerial employees” refers to those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. xxx
“Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight in a day. xxx
“Art. 87. Overtime work. Work may be performed beyond eight 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 thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate for the first eight hours on a holiday or rest day plus at least thirty percent thereof.”
In your case, you are admittedly an operations manager of a call center in Taguig City. An operations manager generally exercises discretion, supervision, and managerial oversight over the work of the rank-and-file employees in your company. Indeed, you even admit that you are being paid handsomely for your services. If this is the case, then you are a managerial employee. Because of this, and in light of the aforementioned law, your position as a managerial employee precludes you from receiving overtime pay. These benefits are primarily granted to rank-and-file employees.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
