DOLE Issues Labor Advisory No. 10

The Department of Labor & Employment (DOLE) has issued Labor Advisory No. 10 prescribing the proper and correct payment of wages to private sector workers on the regular holidays and special (non-working) day in April and May 2014.

According to Labor & Employment Secretary Rosalinda Baldoz, there are four regular holidays in the months of April and May. These are 9 April, a Wednesday, which is Araw ng Kagitingan; 17 April, Maundy Thursday; 18 April, Good Friday; and 1 May, a Thursday, which is Labor Day.

“The special (non-working) day is 19 April, Black Saturday,” Baldoz said.

President Benigno S. Aquino III issued Proclamation No. 655, Series of 2013 on 25 September 2013 declaring the above as regular holidays and special non-working day.

The pay rules to be observed for these days are as follows:

A. For the regular holidays on 9, 17, and 18 April, and on 1 May 2014:

If the employee did not work, he shall be paid 100 percent of his salary for that day/s computed at [(Daily Rate + COLA) x 100%];

For work done during the regular holiday, the employee shall be paid 200 percent of his regular salary for that day for the first eight hours computed at [(Daily Rate + COLA) x 200%];

For work done in excess of eight hours (overtime work), he shall be paid an additional 30 percent of his hourly rate on said day.

Computation: [Hourly rate of the basic daily wage x 200% x 130% x number of hours worked];

For work done during a regular holiday that also falls on a rest day, a worker shall be paid an additional 30 percent of his daily rate of 200 percent.

Computation: [(Daily Rate + COLA) x 200%] + [30% (Daily rate x 200%)];

For work done in excess of eight hours (overtime work) during a regular holiday that also falls on a worker’s rest day, he shall be paid an additional 30 percent of his hourly rate on said day.

Computation: [Hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked].

B. For the special (non-working) day on 19 April 2014:

If the employee did not work, the “no-work, no-pay” principle shall apply unless there is a favorable company policy, practice, or collective bargaining agreement granting payment on a special day;

For work done during the special (non-working) day, he shall be paid an additional 30 percent of his daily rate on the first eight hours of work. Computation: [(Daily Rate x 130%) + COLA];

For work done in excess of eight hours (overtime work), he shall be paid an additional 30 percent of his/her hourly rate on said day.

Computation: (Hourly rate of the basic daily wage X 130% x 130% x number of hours worked);

For work done during a special day that also falls on a worker’s rest day, payment is an additional 50 percent of daily rate on the first eight hours of work.

Computation: [(Daily Rate x 150%) + COLA]

For work done in excess of eight hours (overtime work) during a special day that also falls on a rest day, the payment is an additional 30 percent of the hourly rate on said day.

Computation: (Hourly rate of the basic daily wage x 150% x 130% x number of hours worked).

In her labor advisory, Baldoz emphasized that the proper observance of the pay rules on regular holidays and special non-working days is a decent work standard that encourages productive and proficient workers.

“Voluntary compliance with labor laws, including correct payment of wage during holidays, promotes workplace harmony and excellence, which redound to the productivity and competitiveness of businesses,” said Baldoz.

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