Short answer. Usually yes, but not in the five situations the Labor Code lists. Article 89 sets out when an employee may be required to work overtime — war or declared emergency, calamity, urgent repairs, perishable goods, and unfinished work whose stoppage would seriously prejudice the business.

What the law says

Any employee may be required by the employer to perform overtime work in any of the following cases

Labor Code, Article 89 — Emergency Overtime Work. Read the full provision →

What the law says

Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.

Labor Code, Article 89 — Emergency Overtime Work. Read the full provision →

The article is a list of exceptions, and that is the point

The provision opens by saying any employee may be required by the employer to perform overtime work in any of the following cases, and then names them. Writing it that way makes sense only against a background rule that overtime is not ordinarily compellable. If an employer could simply order extra hours at will, a list of five occasions when it may do so would be pointless. So the practical question is never whether your employer wants the overtime; it is whether the situation is one of the five.

What the five actually cover

They are: war or a national or local emergency declared by the proper authority; an actual or impending calamity in the locality — serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity — where work is needed to prevent loss of life or property or danger to public safety; urgent work on machines, installations or equipment to avoid serious loss or damage; work to prevent loss or damage to perishable goods; and completion of work started before the eighth hour where stopping would seriously obstruct or prejudice the business. Each is an emergency or a spoilage, not a busy week.

The fifth ground is the one that gets stretched

Employers most often reach for continuation of work started before the eighth hour. Read its qualifier: the completion must be necessary to prevent serious obstruction or prejudice to the business or operations. Serious is the operative word, and prejudice means real harm rather than inconvenience or a deadline someone would prefer to keep. A task that can be resumed tomorrow morning without damage does not meet it, however irritating the delay. Nor does the ground convert a chronic understaffing problem into a permanent entitlement to your evenings.

Compellable overtime is still paid overtime

The article closes by providing that any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. That sentence is worth knowing, because the emergency framing is often used to suggest the hours are a duty rather than work. They are both. If you are being required to stay, keep a note of the date, the hours, who gave the instruction and the reason given at the time — the reason matters, since it is what the employer will later have to stand behind.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.