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TOPIC: Company denies Overtime pay for IT positions

Company denies Overtime pay for IT positions 6 years 3 months ago #4291

Hi, let me share you our situation in our office.

We are hired as regular employees in an IT Service Provider. Some of us are programmers, while some are system technical support engineers.

Our company does not give overtime pay. And before, they allow offsetting for those who work for extended hours. They now removed the offset rule, but still no overtime pay.

We have a major client, and we work onsite in a system development project. As the project nears its deadline, There, we are forced to work for more than 8 hours, even for straight 24 hours, during rest days (saturday and sundays) and even holidays. I can remember last Labor day we're required to work, how ironic.

Here are some facts:

1. We are not hired on a project basis.
2. There are no definite company policies on projects.
3. We have flexible time of 8-10am to 5-7pm.
4. Our time in and out is strictly monitored by our project manager onsite.
5. Our Resource manager also strictly monitors our utilization as we are required to pass reports on our daily timesheet versus our deliverables.

My questions are:

1. According to the law, what category do we fall into? Are we considered as field personnel and thus exempted for overtime pay? or do we fall into results based workers?

2. If ever we are exempted, does this give our employer the right to force us to work for extended hours even on saturdays, sundays and holidays?

I may have further questions as our discussion advances. Please guide us. Thanks.
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Company denies Overtime pay for IT positions 6 years 3 months ago #4317

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1. If you were hired regular employees, then you are regular employees and must be treated as such.

2. You have all the right o demand the benefits you mentioned.

Go to the Labor Arbiter and file a complaint.
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Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
Seek services of an independent counsel when dealing with legal issues. Legal issues need scrutiny and attention.
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