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Employment News

DOLE Issues Pay Regulation for Holidays


Date Posted: Dec 18, 2009

December is the most anticipated month among all labor workers as this is the time for long vacation and bonus.

To make the payment clear to both employers and employees, the government had issue a salary scheme for the nationwide regular holidays on December 25 (Christmas Day) and December 30, 2009 (Rizal Day), and January 1 (New Year’s Day), as well as the special non-working days on December 24, and December 31, 2009 (Last Day of the Year).

Labor and Employment Secretary Marianito D. Roque said that President Gloria Macapagal Arroyo, through the Proclamation No. 1699 she issued on December 24, 2008, also declared December 24 (Thursday) this year as an additional special non-working day throughout the country on top of the regular and special holidays during the season, “in order to foster closer family ties, as well as to enable our countrymen to observe Christmas more meaningfully.”

The Labor and Employment Chief, consistent with the President’s directive to the Department of Labor and Employment (DOLE) to promulgate the implementing guidelines for Presidential Proclamation No. 1699, said that pursuant to the provisions of the country’s Labor Code as amended, the rules for pay covering the said regular holidays and special non-working days shall apply as follows:

A) For the regular holiday December 25 (Christmas Day) and December 30, 2009 (Rizal Day), and January 1, 2010 (New Year’s Day):

1) If the holiday falls on an employee’s regular workday:

- If worked, [the employee] is entitled to 200% of his [or her] basic wage for the first eight (8) hours and, for work in excess of the 8 hours, to an additional 30% of his or her hourly rate on the said day.

- If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.

2) If the day is the employee’s rest day:

- If worked, the employee is entitled, for the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on the said day.

- If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.

3) Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he or she shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay.

B) For the special non-working days on December 24, and December 31, 2009 (Last Day of the Year):

1) If worked, an employee is entitled to 130% of his [or her] daily rate for the first 8 hours, and to an additional 30% of his or her hourly rate on the said day for work performed in excess of 8 hours.

2) If unworked, he or she is not entitled to any payment, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment for special days even if not worked;

3) If worked and falling on the employee’s rest day, the employee is entitled for the first 8 hours to 150% of his or her regular daily rate, and for work performed in excess of 8 hours, plus 30% of his or her hourly rate on the said day.

Any clarifications regarding the holiday pay rules may be made with the DOLE’s Bureau of Working Conditions (BWC) at tel. no. 527-3000 local 301.

 

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