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Article 88:

Undertime Not
Offset By Overtime
Undertime work on any particular day
shall not be offset by overtime
work on any other day. Permission given
to the employee to go on leave on some
other day of the week shall not exempt
the employer from paying the additional
compensation required in this Chapter.
Let’s break it down:
01 Undertime Not Compensated by Overtime
If an employee works fewer hours than the regular daily
work hours on a particular day (undertime), those hours
cannot be compensated by working extra hours (overtime)
on another day.

02 Leave Permission Doesn't Exempt


Employer
If an employer grants permission to an employee to take
leave on a different day of the week, the employer is still
obligated to pay the additional compensation required by the
labor code.
Reasoning Behind the Rule:
• The rule exists because undertime hours and overtime
hours are not of equal value. Undertime hours
represent only the regular hourly rate of pay, while
overtime hours include both the regular hourly rate
and an additional premium.

• Offsetting undertime hours against overtime hours


would result in the unfair deprivation of the overtime
premium owed to the employee.
Unacceptable Practices:
• Offsetting undertime hours against
overtime hours and charging undertime
hours against the accrued leave of the
employee.
Proper Method:
• If an employee incurs undertime hours during
regular work, the correct method is to deduct those
hours from the accrued leave but still pay the
employee the overtime compensation they are
entitled to.
• If the employee has no leave credits left, the
undertime hours may be deducted from the day's
wage, but the employee should still receive
overtime compensation for hours worked beyond
the regular daily hours.
Example
Scenario
Maria works for a construction company in the Philippines. Her regular
working hours are from 8:00 AM to 5:00 PM, with an hourly rate of PHP 100.
The company has a standard policy of paying overtime for work beyond eight
hours a day.

One day, Maria needs to leave work early due to a family emergency. She
informs her supervisor and is allowed to leave at 3:00 PM instead of the usual
5:00 PM. As a result, she incurs two hours of undertime.
Later in the week, the company faces a sudden surge in workload, and Maria is
requested to work extra hours to meet deadlines. She willingly agrees and
works until 8:00 PM on that day, accumulating three hours of overtime.

Now, the question arises about how Maria should be compensated for both the
undertime and overtime hours.
Undertime Compensation:
Maria's undertime hours (2 hours) cannot be offset by the overtime hours she
worked on another day. The value of the undertime hours is based on her
regular hourly rate (2 hours * PHP 100 = PHP 200). Maria is still compensated
even if she incurred undertime hours.

Overtime Compensation:
Maria is entitled to overtime compensation for the three extra hours worked
beyond the regular 8-hour workday.
Overtime pay is calculated as follows: 3 hours * (regular hourly rate + overtime
premium) = 3 hours * (PHP 100 + PHP 25) = PHP 375.
NWSA vs. NWSA
Consolidated Unions, 11
SCRA 766
This ruling in NWSA forbids offsetting the overtime
work on the same day, although what Article 88
prohibits is offsetting on another day. It may be said
therefore that the offsetting of undertime work by
overtime work, whether on the same or on another day,
is prohibited by jurisprudence and by statute.
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Venus
Venus has a beautiful name
and is the second planet
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person here person here person here
Workers’ duties
Duties Description
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Mercury smallest in the Solar System

Venus has a beautiful name and is the second planet


Venus from the Sun

Despite being red, Mars is actually a cold place. It’s


Mars full of iron oxide dust

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This is a graph

Mercury
Mercury is the closest planet to
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Neptune
Neptune is the farthest planet
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The hierarchy of duties
Mercury is the smallest planet in
Mercury the Solar System

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About the workers
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