• Employees required to work only 8 hours a day

    Persida Acosta

    Persida Acosta

    Dear PAO,
    I am a newly hired dining crew in a restaurant in Davao City. They pay me P190 a day or below the minimum wage, and we also work nine hours a day. The restaurant has more than 20 employees. Are there violations of the labor law in my situation?

    Dear Montero,
    The Regional Tripartite Wages and Productivity Board determines the minimum wage in that area. Article 124 of Presidential Decree (P.D.) No. 442 sets the standards or criteria for minimum wage fixing and these are the following: demand for living wages; wage adjustment vis-à-vis the consumer price index; the cost of living and changes or increases therein; the needs of workers and their families; need to induce industries to invest in the countryside; improvements in standard of living; prevailing wage levels; fair return of the capital invested and capacity to pay of employers; effects on employment generation and family income; and equitable distribution of income and wealth along with the imperatives of economic and social development.

    The regular hours of work of an employee shall not be more than eight hours in any one day. Any employee who is required to work beyond eight hours on ordinary working days shall be paid additional compensation for the overtime work in the amount equivalent to his regular wage plus at least 25 percent (Section 8, Rule 1, Book 2 of PD No. 442).

    Based on your narration, there are violations of the Labor Code of the Philippines on the part of the employer because you are being paid below the minimum wage and you are required to work beyond eight hours a day without being paid for the overtime work. We encourage you to file your complaint with the Single Entry Assistance Desk (SEAD) located in regional branches of the National Labor Relations Commission (NLRC) or in all provincial and district offices of the Department of Labor and Employment (DOLE) for the mandatory conciliation-mediation proceedings as provided by Republic Act No. 10396.

    We hope that we have addressed your concern. Please be reminded that this advice is 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


    Please follow our commenting guidelines.


    1. dear pao manilatimes umabsent po aswa ng 7days sa work at sa secritary lang naka paalam after 7days pumasok po sya at sinabihan po sya ng amo nya na hindi na sya pwedeng pumasok dahil may bagong batas po daw ngayon na 3days palang awol kana at mag bigay nlang daw po asawa ko ng resignation letter bibigyan daw po cia ng bayad bilang pakonswelo dw po sa 15yrs nya na pagtatatrabaho, na kung tutuosin po dw wala na dw po syang makukuha sa companya tama po ba ang ginawa sa asawa ko eh wala naman po silang annual leave oh kahit n anong leave
      15years po syang nagtrabaho sa company na yon sana poh ay mabigyan nyo po ako ng advice…..

    2. ofelia benedicto on

      sad to say,some filipino employers in the USAtake advantage of their kababayans. in the caregiving business, caregivers are allowed to LIVE IN at the carehome. no need to take a night shift. welllll

    3. Happily Married on

      It never ceases to amaze me how greedy some folks can be. I’m a foreigner living overseas with my Pinay wife. Her goal, when we move to the Philippines after I retire, is to open her own business. Therefore, I’ve done a good amount of research on the subject. It seems to me that the laws are VERY skewed towards favoring the business owners rather than the workers. And, despite that being the case, there are owners who try to cheat the workers in order to make even more money. VERY SAD! However, don’t get me wrong. It happens the world over. It just seems to me that the RP laws are more favorable to businesses than most nations I know of.