Law Summary
Definition and Treatment of Overload Work
- Overload refers to teaching duties exceeding the normal teaching load prescribed by the Department of Education, Culture and Sports (DECS) or private school policies.
- Regular teaching load typically takes less than eight hours, allowing time for other related tasks such as lesson planning and grading.
- Additional teaching beyond the regular load is termed overload work.
- Both regular teaching load and overload work may constitute a teacher’s working day.
- If overload work is done within the normal eight-hour workday, compensation for it forms part of the basic salary for 13th month pay purposes.
Distinction Between Overload Work and Overtime Work
- Overload work differs from overtime:
- Overtime is work beyond eight hours daily as defined by the Labor Code.
- Overload work may be performed within or beyond the normal working hours.
- Consequently, overload work may or may not constitute overtime work.
Inclusion of Overload Pay in 13th Month Pay
- Payments earned for work performed during the normal eight-hour day, including overload compensation within this period, are considered part of the basic wage.
- These payments must be included when computing the 13th month pay mandated by P.D. 851, as amended.
Legal Foundation and Department Position
- The guidelines are anchored on the Labor Code and relevant administrative issuances.
- The Department of Labor and Employment (DOLE) clarifies that overload pay within eight hours is unquestionably part of basic pay for 13th month pay computation.
- This position is to ensure fairness and conformity with existing laws governing wages and benefits of teachers.