DOLE: Observe holiday pay rules

CEBU, Philippines – The Department of Labor and Employment (DOLE) has reminded the employers of the proper payment of wages for private sector workers during the three holidays in the month of November.

Labor Secretary Silvestre Bello III issued the Labor Advisory No. 11 reminding the employers to observe and implement the proper payment of wages to their workers during the observance of All Saints’ Day and All Souls’ Day on November 1 and 2, respectively, and Bonifacio Day on November 30.

The advisory was issued pursuant to Presidential Proclamation No. 555 declaring November 1 and 2 as special non-working holiday and November 30 as regular holiday in commemoration of the birthday of revolutionary hero Andres Bonifacio.

To guide the employers and workers in the computation of proper wages during the holidays, the following rules are to be observed:

For November 1 and 2, 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.

For work done during the special day, the workers shall be paid an additional 30 percent of their daily rate on the first eight hours of work. The computation shall be: Basic wage x 130% + COLA.

For work done in excess of eight hours or overtime work, the workers will be paid an additional 30 percent of their hourly rate. (Hourly rate of the basic wage x 130% x 130% x number of hours worked).

For work done during a special day that also falls on the worker’s rest day, they shall be paid an additional 50 percent of their daily rate on the first eight hours of work, [(Basic wage x 150%) + COLA].

For work done in excess of eight hours (overtime work) during a special day that also falls on the worker’s rest day, they shall be paid an additional 30 percent of their hourly rate on said day, (Hourly rate of the basic wage x 150% x 130% x number of hours worked).

For November 30, a regular holiday, employers should implement the following pay rules: If the employee did not work, he or she shall be paid 100 percent of his or her salary for that day [(Basic wage + COLA) x 100 percent].

If the employee reports for work on the holiday, he or she shall be paid 200 percent of his or her regular salary for that day for the first eight hours [(Basic wage + COLA) x 200 percent].

In addition, if the employee worked in excess of eight hours (overtime work), he or she shall be paid an additional 30 percent of his or her hourly rate on said day (hourly rate of the basic 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 or her rest day, he or she shall be paid an additional 30 percent of his or her daily rate of 200 percent [(Basic wage + COLA) x 200 percent] + [30 percent (Basic wage x 200 percent)].

Furthermore, if the employee worked in excess of 8 hours (overtime work) during a regular holiday that also falls on his or her rest day, he or she shall be paid an additional 30 percent of his or her hourly rate on said day (hourly rate of the basic wage x 200 percent x 130 percent x 130 percent x number of hours worked).  FPL (FREEMAN)