If I am the Labor Arbiter, I will decide that Mr. Santos is entitled to overtime pay.

Under Article 6 of the

Civil Code, rights may be waived, the same must not be contrary to law, public order, public policy,
morals or good customs or prejudicial to a third person with a right recognized by law. In this case, Mr.
Santos allegedly waived his right to overtime pay through a Quitclaim, such stipulation in a contract that
the laborer shall work beyond the regular eight hours without additional compensation for the extra
hours is contrary to Eight-Hour Labor Law and null and void. Hence, Mr. Santos is entitled to the benefit
of overtime pay.

The boss is not correct. According to Article 91 of the Labor Code, the employer shall determine and
schedule the weekly rest day of his employees subject to collective bargaining agreement and to such
rules and regulations as the Secretary of Labor may provide. However, the employer shall respect the
preference of employees as to their weekly rest day when such preference is based on religious
grounds. Here, the employer determined Celso’s rest day to be Sunday but the latter requested to
schedule his rest day on a Saturday because he is a member of a religious sect that attend church service
during such day. Therefore, the employer should respect Celso’s reference as to his rest day, which was
based on religious grounds.

No, overtime service is not mandatory. Article 89 of the Labor Code and Sec. 10, Rule I, Book III, Rules to
Implement the Labor Code enumerated the instances when then employer may legally compel workers
to render overtime work with overtime pay, which include the following:

1. country is at war or when any national or local emergency has been declared by Congress or the
President
2. necessary to prevent loss of life or property or in case of imminent danger to public safety due to
impending emergency caused by accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster
or calamity
3. urgent work to be performed on the machines, ect. In order to avoid loss or damage to employer
4. to prevent loss or damage to perishable goods
5. to prevent serious obstruction ot prejudice to the business or operations of the employer
6. to avail of favorable weather or environmental conditions where perform

In cases not falling within any of the enumerated instances, no employee may be made to work beyond
eight (8) hours a day against his will. Hence, the list is exclusive, where there can be mandatory overtime
service, any instance outside the list, overtime is merely optional.

Lito will receive Php 715 for his 8 hour Sunday work or a total of Php 2,860 for 4 Sundays work. Under
Article 93 of the Labor Code, 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 Sunday only when it
is his established rest day. Lito’s rest day was established to be Sunday, hence he is entitled to additional
30% of his regular wage. Please see computation below:
Compensation for 8 hour Sunday Work

Php 550*130%= Php 715

Compensation for 4 Sunday Work

P 715*4= Php 2,860