Monday, October 23, 2017

Employee must prove entitlement to overtime pay and premium pay

"However, the CA was correct in its finding that the petitioners failed to provide sufficient factual basis for the award of overtime, and premium pays for holidays and rest days. The burden of proving entitlement to overtime pay and premium pay for holidays and rest days rests on the employee because these are not incurred in the normal course of business. In the present case, the petitioners failed to adduce any evidence that would show that they actually rendered service in excess of the regular eight working hours a day, and that they in fact worked on holidays and rest days."

(See WILGEN LOON, ET. AL vs. POWER MASTER, INC., G.R. No. 189404,   December 11, 2013)

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Employer has the burden of proving payment of employee's benefits
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