Philippines Rights Guide
Overtime Pay in the Philippines: Your Rights Under the Labor Code
Working beyond 8 hours a day in the Philippines? You are entitled to overtime pay of at least 125% of your regular rate. Here is what the Labor Code says and how to claim it.
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Direct Answer
Under Article 87 of the Labor Code, any work beyond 8 hours a day entitles you to overtime pay of at least 125% of your regular hourly rate (130% if the overtime falls on a rest day or special holiday, 200% on a regular holiday). Overtime pay cannot be waived by contract. If your employer is not paying overtime, file a complaint with DOLE — free.
What the Law Says
Your Legal Foundation
Labor Code of the Philippines (PD 442)
Article 87
“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 (25%) thereof.”
Labor Code of the Philippines (PD 442)
Article 93
“Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on a Sunday only when it is his established rest day.”
Labor Code of the Philippines (PD 442)
Article 94
“Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten workers. Work on a regular holiday shall be compensated at two hundred percent (200%) of the regular wage.”
Common Questions
Frequently Asked Questions
My employer says my salary already covers overtime — is that legal in the Philippines?
A compressed workweek arrangement can be agreed under DOLE Department Order No. 21, but it must be genuinely voluntary and documented. A blanket contractual clause waiving overtime pay without a proper compressed workweek arrangement is void. The Labor Code's overtime provisions cannot be waived by contract.
I am a managerial employee — am I entitled to overtime pay in the Philippines?
Managerial employees (those who have authority to hire, fire, or discipline employees, or whose recommendations on such matters are given weight) are exempt from overtime pay under Article 82 of the Labor Code. Field personnel and those paid purely by commission are also exempt. If you are a rank-and-file or supervisory employee, you are entitled to overtime.
What is the night shift differential and does it apply to overtime?
Night shift differential (NSD) is an additional 10% of your regular or overtime rate for hours worked between 10pm and 6am. It applies on top of overtime pay — so overtime during night shift is 125% plus 10% NSD = at least 137.5% of your regular rate.
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