I decided to make a post about this since the community keeps getting the same question over and over again. So here we go.
Disclaimer: I am not a lawyer, so please feel free to comment any corrections. Most of these are just from my knowledge as a manager. If may kulang, let me know and I'll add it here.
1. Can my employer require me to work more than 8 hours a day?
Yes, but overtime generally has to be paid.
The normal working period is 8 hours per day. Work beyond 8 hours is generally considered overtime and must be paid at least:
- Regular day: regular hourly rate + 25%
- Rest day/holiday: applicable rate + at least 30%
A company cannot simply call something "mandatory OT" and use that label to avoid paying overtime.
2. "Our company has no OT pay because it's in the contract." Is that legal?
Not necessarily.
An employment contract cannot simply remove a statutory benefit when the Labor Code requires that benefit.
For example, if you are a covered employee performing work beyond 8 hours, the law generally requires overtime compensation. DOLE specifically states that overtime work beyond eight hours must receive additional compensation.
However, some personnel are xcluded in this. Art. 82 specifically mentions that "government employees, 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 as determined by the Secretary of Labor in appropriate regulations." are not covered by overtime pay.
3. Can my employer make me work before my scheduled shift without paying me?
If you are actually required to work, that time may count as hours worked.
Article 84 covers time during which an employee is:
- required to be on duty;
- required to be at the prescribed workplace; or
- permitted or suffered to work.
So if your employer says:
"Your shift starts at 9:00, but you need to log in at 8:30 to prepare."
and you're actually required to perform work during that period, the 30 minutes may potentially constitute compensable working time.
4. Does my lunch break count as working time?
Normally, a genuine meal period does not count as working time.
Employers generally have to provide at least 60 minutes for a regular meal period.
5. Do I automatically get holiday pay?
For a regular holiday, generally yes, but there is an important condition if you don't work on the holiday.
Under DOLE's holiday-pay rules (Labor Advisory No 13, Series of 2026), a covered employee who does not work on a regular holiday is entitled to 100% of their basic wage, provided that they:
- worked on the workday immediately preceding the holiday; or
- were on an approved leave of absence with pay on that preceding workday.
What if I was absent the day before the holiday?
This is where the rule gets important.
If you were absent without pay (AWOL or unpaid leave) on the workday immediately preceding the regular holiday and you also don't work on the holiday, you may lose your holiday pay for that holiday.
6. Am I entitled to 13th-month pay even if I'm still probationary?
Generally, yes.
13th-month pay is not dependent on being a regular employee.
DOLE staes that rank-and-file employees are entitled to 13th-month pay regardless of employment status, provided they have worked for at least one month during the calendar year.
The basic formula is:
Total basic salary earned during the year ÷ 12 = 13th-month pay
So, for example, if you earned ₱240,000 in basic salary during the year:
₱240,000 ÷ 12 = ₱20,000
7. Can my employer terminate me while I'm probationary?
Yes, but "probationary" does not mean "you can be fired for absolutely anything."
Probationary employment generally cannot exceed 6 months, unless an applicable apprenticeship arrangement allows otherwise.
A probationary employee may be terminated for a just cause or because they failed to qualify as a regular employee under reasonable standards that were made known to them when they were hired.
One important point:
The employer should not suddenly invent the standards after the employee has already started working. The standards for regularization are supposed to be made known at the time of engagement.
8. What happens if I reach 6 months and my company doesn't tell me whether I'm regular?
This is an important issue.
Under the Labor Code, probationary employment generally cannot exceed six months. An employee who is allowed to work after the probationary period may be considered a regular employee.
So "you're still probationary indefinitely" is not something an employer can simply declare without regard to the law.
There can be exceptions and nuances, particularly involving specific contractual arrangements and apprenticeships, so the exact employment documents matter.
9. Can my employer fire me without warning?
Generally, no, not if the termination is based on a just cause.
For covered employees, the Labor Code recognizes security of tenure: a regular employee cannot simply be terminated unless there is a legally recognized just or authorized cause.
For a termination based on just cause, the employer generally has to comply with the two-notice requirement.
First notice — Notice to Explain / Notice of Intent to Dismiss
- The employer must give the employee a written notice:
- identifying the specific act or omission being charged;
- stating the ground or grounds for possible termination;
- providing sufficient details about the alleged violation; and
- giving the employee a reasonable opportunity to explain and defend themselves.
Second notice — Notice of Decision
The employer must then issue a second written notice informing the employee of the employer's decision after considering the employee's explanation.
If the employer determines that termination is justified, the second notice should communicate the decision to dismiss and the grounds supporting that decision.
In other words:
NTE → Employee gets opportunity to respond → Employer evaluates response → Notice of Decision
10. Do I automatically get 5 paid vacation days every year?
The Labor Code provides a 5-day Service Incentive Leave (SIL) for covered employees who have rendered at least one year of service.
However, there are exemptions, including certain establishments with fewer than 10 employees and employees who already receive at least five days of paid vacation leave or an equivalent benefit. (Article 95)
11. Can my employer withhold my final pay because I haven't completed clearance?
Clearance can matter, but your employer cannot simply keep your money indefinitely.
As per Labor Advisory No. 06, Series of 2020, final pay should generally be released within 30 days from separation, unless the employer has a more favorable policy.
Your final pay can include applicable amounts such as:
- unpaid salary;
- pro-rated 13th-month pay;
- separation/retirement pay where applicable;
- convertible unused leave;
- tax refunds; and
- other contractual/company benefits.
12. Can I resign immediately without rendering 30 days?
Sometimes, but don't assume you can always do it.
The general rule for voluntary resignation without just cause is that the employee gives the employer at least one month's written notice.
There are circumstances allowing resignation without the usual notice, including certain situations involving serious insult, inhuman treatment, crime against the employee or immediate family, and analogous circumstances.
13. Do I need my manager approval for my resignation?
Generally, no. Your resignation does not require your manager's approval to be valid.
Your manager can acknowledge or process the resignation, but they don't have the legal power to reject your resignation simply because they don't want you to leave.
What if my manager says, "I don't approve your resignation"?
That statement does not automatically cancel your resignation.
But can my manager reject my requested last day?
This is different from rejecting the resignation itself.
If you are resigning without just cause, the general rule is that you should give at least one month's notice.
Your manager doesn't have to "approve" your resignation, but leaving immediately without satisfying the applicable notice requirement can create a separate issue.
So there are really two questions:
"Can I resign?"
Generally, yes.
"Can I leave immediately?"
Not necessarily. The one-month notice requirement may apply unless an exception exists.
