A question about overtime
My 2 cents:
Biz people are given 6 reasons to compel employees to render overtime work as written on Sec 10, Rule I, Bk. III, IRR, to wit:
1) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;
2) When overtime work is necessary to prevent loss of life or property, or in case of imminent danger to public safety due to actual or impending emergency in the locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or other disaster or calamities;
3) When there is urgent work to be performed on machineries, installations, or equipment, in order to avoid serious loss or damage to the employer or some other causes of similar nature;
4) When the work is necessary to prevent loss or damage to perishable goods;
5) When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer;
6) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is dependent thereon.
Last minute instruction is reflective of poor planning, unless of course, there are abnormal situation like lack of manpower to cover the operations brought by employee absences, national emergency and force majeure.
Yes, employee may decline OT if it falls outside the above provisions. Management, however, has the prerogative to discipline employees for insubordination if the call for OT work is within the bounds of the IRR.