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)

RELATED ARTICLES:
Employer has the burden of proving payment of employee's benefits
Doubts in the parties' evidence should be resolved in favor of the employee

Labor Law: Doubts in parties' evidence should be resolved in favor of employee

"It is a well-settled doctrine, that if doubts exist between the evidence presented by the employer and the employee, the scales of justice must be tilted in favor of the latter. It is a time-honored rule that in controversies between a laborer and his master, doubts reasonably arising from the evidence, or in the interpretation of agreements and writing should be resolved in the former's favor. The policy is to extend the doctrine to a greater number of employees who can avail of the benefits under the law, which is in consonance with the avowed policy of the State to give maximum aid and protection of labor."

(Nicario v. National Labor Relations Commission, G.R. No. 125340, September 17, 1998, 295 SCRA 619, 626-627)

Labor Law: Employer has the burden of proving payment of employee's benefits

"Moreover, one who pleads payment has the burden of proving it. The reason for the rule is that the pertinent personnel files, payrolls, records, remittances and other similar documents which will show that overtime, differentials, service incentive leave, and other claims of workers have been paid are not in the possession of the worker but in the custody and absolute control of the employer. Thus, the burden of showing with legal certainty that the obligation has been discharged with payment falls on the debtor, in accordance with the rule that one who pleads payment has the burden of proving it. Only when the debtor introduces evidence that the obligation has been extinguished does the burden shift to the creditor, who is then under a duty of producing evidence to show why payment does not extinguish the obligation. In this case, petitioner was unable to present ample evidence to prove its claim that respondent had received all his salaries and benefits in full."

(G & M PHILIPPINES, INC. vs CUAMBOT, G.R. No. 162308, November 22, 2006)

RELATED ARTICLES:

• Employee must prove entitlement to overtime pay and premium pay
• Doubts in the parties' evidence should be resolved in favor of the employee
• Burden of Evidence Shifts to Employee When Employer Submits Evidence of Payment