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 commemorates the country’s most cherished Christian Holy Week tradition Maundy Thursday, Good Friday, and Black Saturday.
“President Benigno S. Aquino III had earlier issued Proclamation No. 459, Series of 2012, on 16 August 2012 affirming Maundy Thursday and Good Friday on 28 and 29 March, respectively, as regular holidays, and Black Saturday on 30 March 2013 as a special non-working day throughout the country,” Baldoz said.
“Proclamation No. 459 is consistent with the laws of the Republic of the Philippines governing the observance of holidays, to wit: Republic Act (RA) No. 9492, dated 24 July 2007, which amended Section 26, Chapter 7, Book I of Executive Order (EO) No. 292, also known as the Administrative Code of 1987, by declaring certain days, specific or movable, as special or regular holidays,” Baldoz added.
“I reiterate to our private sector employers 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. 06, Series of 2012, promulgating the implementing guidelines, specifically on the pay rules, that shall apply as mandated by Proclamation No. 459 on the Payment of Wages for the Regular Holidays, Special (Non-working) Days, and Special Holiday (for all schools) for the Year 2013.
The correct pay rules to be observed are as follows:
For the regular holidays on 28 March (Maundy Thursday) and 29 March 2013 (Good Friday):
• 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%. 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%. 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% x 130% 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%] + 30% Daily rate x 200%).
• 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% x 130% x 130% x number of hours worked.
For the special (non-working) day on 30 March 2013 (Black Saturday):
• 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 (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%) + 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% x 130% 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%) + 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% x 130% x number of hours worked.
For any questions on this release, please call the nearest DOLE regional office (for DOLE National Capital Region, tel. nos. 400-6011 or 303-0364), or contact the DOLE hotline at 527-8000. You may also call the Bureau of Working Conditions at 527-3000 loc. 301-308.
