Can a worker waive his overtime pay?

The right to claim overtime pay is not subject to a waiver. In other words, a worker cannot be considered to have waived his right to collect overtime salary even though his acts appear to have such an effect. Such right is governed by law and not merely by the agreement of the parties.

Under Philippine civil law, rights may be waived. However, such waiver must not be contrary to law, public order, public policy, morals or good customs or prejudicial to a third person with a right recognized by law.
Nevertheless, if the waiver of overtime compensation is done in exchange for and in consideration of certain valuable privileges, among them that of being given tips when doing overtime work, there being no proof that the value of said privileges did not compensate for such work, such waiver may be considered valid.