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All employees in all establishments and undertakings whether for profit or not are entitled to overtime pay for work rendered beyond eight (8) hours. But this does not apply to managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results. Employees in the government are also entitled to overtime pay but they are governed by Civil Service laws and rules. Only employees in the private sector are covered by the Labor Code.
Computation of wages
The Department of Labor and Employment (DOLE) has set out the following rules in computing overtime pay, pay for work done on holidays, premium on nightshift and 13th month pay: Computing Overtime:
On Ordinary Days Plus 25% of the hourly rate multiplied by the number of hours. On a rest day, special day or regular holiday Plus 30% of the hourly rate on said days multiplied by the number of hours. Computing pay for work done on: A special day (130% x basic pay) A special day, which is also a scheduled rest day (150% x basic pay) A regular holiday (200% x basic pay) A regular holiday, which is also a scheduled rest day (260% x basic pay) Computing Night Shift Premium Where Night Shift is a Regular Work: On Ordinary day (110% x basic hourly rate) On a rest day, special day, regular holiday (110% of regular hourly rate for a rest day, special day, regular holiday) Computing Overtime on Night Shift: On ordinary day (110% x overtime hourly rate) On rest day, special day or regular holiday (110% x overtime hourly rate for rest days, special days, regular holidays) Computing 13th Month Pay: Total basic salary earned for the year exclusive of allowances, overtime, holiday, and night shift differential pay divided by 12 months = 13th month pay.
Overtime rate = Hourly rate + 30% of Hourly rate =P 101 + (30% of P101) =P101 + 30.3 =P131.3 per hour On a rest day which falls on regular holiday Computation of hourly wage rate: Hourly rate = 260% of Regular hourly rate =P50.5 x 2.6 =P131.3 per hour Computation of overtime rate: Overtime rate = Hourly rate + 30% of Hourly rate =P 131.3 + (30% of P131.3) =P131.3 + 39.39 =P170.69 per hour Source: Department of Labor and Employment (DOLE) Philippines