DOLE Issues Pay Rules For Holy Week Holidays

Labor and Employment Secretary Rosalinda Dimapilis-Baldoz yesterday urged private sector employers to observe the correct pay rules and general occupational safety and health labor standards as the Filipino nation observes the country’s most cherished Christian Holy Week tradition by not working on Maundy Thursday, Good Friday, and Black Saturday.

“President Benigno S. Aquino III had issued Proclamation No. 1105, Series of 2015, on 20 August 2015 affirming Maundy Thursday and Good Friday on 24 and 25 March, respectively, as regular holidays, and Black Saturday on 26 March as a special non-working day throughout the country,” Baldoz said.

“I reiterate to our private sector employers our call to observe the pay rules and other core labor and occupational safety and health standards during these holidays in the interest of workers’ welfare and protection,” she further said.

The labor and employment chief had earlier issued Labor Advisory No. 11, Series of 2015, promulgating the implementing guidelines, specifically on the pay rules, that shall apply as mandated by Proclamation No. 1105 on the Payment of Wages for the Regular Holidays, Special (Non-working) Days, and Special Holiday (for all schools) for the Year 2016.

The payment rules for the regular holidays on 24 March (Maundy Thursday) and 25 March (Good Friday) are as follows:

· If the employee did not work, he/she shall be paid 100 percent of his/her salary for that day. Sample computation: Daily rate + Cost of Living Allowance x 100 percent. The COLA is included in the computation of holiday pay.

· If the employee worked, he/she shall be paid 200 percent of his/her regular salary for that day for the first eight hours. Sample computation: Daily rate + COLA x 200 percent. The COLA is also included in computation of holiday pay.

· If the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 200 percent x 130 percent x number of hours worked.

· If the employee worked during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her daily rate of 200 percent. Sample computation: [(Daily rate + COLA) x 200 percent)] + 30 percent Daily rate x 200 percent.

· If the employee worked in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 200 percent x 130 percent x 130 percent x number of hours worked.

For the special (non-working) day on 26 March (Black Saturday), the following rules shall be observed:

· If the employee did not work, the “no work, no pay” principle shall apply, unless there is a favourable company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day.

· If the employee worked, he/she shall be paid an additional 30 percent of his/her daily rate on the first eight hours of work. Sample computation: (Daily rate x 130 percent) + COLA).

· If the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 130 percent x 130 percent x number of hours worked.

· If the employee worked during a special day that also falls on his/her rest day, he/she shall be paid an additional fifty percent of his/her daily rate on the first eight hours of work. Sample computation: (Daily rate x 150 percent) + COLA.

· If the employee worked in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 150 percent x 130 percent x number of hours worked. (DOLE)