DOLE reminds employers of holiday pay rules
The Department of Labor and Employment (DOLE) has reiterated to the country’s employers the implementation of holiday pay rules as the Philippine’s work force goes on three holidays starting Monday.
In a statement, DOLE advised the country's employers on the lawful holiday pay rules to be applied during the nationwide regular holidays of the Araw ng Kagitingan on April 6, Maundy Thursday on April 9, and Good Friday on April 10, 2009.
The statement cited that Labor and Employment Secretary Marianito D. Roque affirmed that under Presidential Proclamation No. 1699 issued December 24, 2008, April 9 (Maundy Thursday) and 10 (Good Friday), 2009, are regular holidays throughout the nation.
April 6, 2009 (Monday) meanwhile is a regular holiday nationwide in observance of the Araw ng Kagitingan. Roque, in the statement, said that President Arroyo's Proclamation No. 1699 affirmed Republic Act 9492, which says that holidays, except those which are religious in nature, are moved to the nearest Monday unless otherwise modified by law, order, or proclamation.
Roque said the following holiday pay rules should be implemented:
A. If the day is the 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, an additional 30% of his or her hourly rate on the said day;
- If unworked, the employee is entitled to 100% of his daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.
B. 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 daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.
C. 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.