Gov’t issues pay rules for long holiday
December 28, 2008 in general, national
QUEZON CITY — It is a long vacation for some, but for those who would be working on the six days during the Yuletide season from Dec. 25, 2008 to January 1, 2009, certain rules entitle them to as much as double pay.
The labor department iterated the pay rules for the regular holidays on December 25 (Christmas Day), December 30, 2008 (Rizal Day) and January 1, 2009 (New Year’s Day), as well as the special non-working days on December 26, December 29, and December 31, 2008 (Last Day of the Year).
Citing Proclamation No. 1463 issued on February 18, Labor and Employment Secretary Marianito D. Roque said December 26 (Friday) and December 29, (Monday) are additional special (non-working) days throughout the country.
Same proclamation provided that Christmas Day (Thursday), Rizal Day (Tuesday) and New Year’s Day (another Thursday) are regular holidays.
Roque, in a labor advisory said the rules for pay on the said regular holidays and special non-working days shall apply as follows:
For the regular holidays on December 25 and December 30, and January 1: If an employee’s regular workday, if worked, the employee is entitled to 200 percent of his/her basic wage for the first eight hours and, for work in excess of the eight hours, an additional 30 percent of his/her hourly rate on the said day;
¨If not worked, (s)he is entitled to 100 percent of his/her daily rate, provided (s)he was present or was on leave with pay on the workday immediately preceding the holiday.
If it is the employee’s rest day, ¨if worked, (s)he is entitled, for the first eight hours, to 200 percent of his daily rate plus 30 percent and, for work in excess of eight hours, plus 30 percent of his/her hourly rate on the said day;
¨If not worked, (s)he is entitled to 100 percent of his/her daily rate, provided (s)he was present or was on leave with pay on the workday immediately preceding the holiday.
Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, (s)he shall not be deemed on leave of absence on that day, in which case (s)he shall be entitled to the holiday pay.
For the special (non-working) days on December 26 and 29, and December 31, 2008 : If worked, the employee is entitled to 130 percent of his/her daily rate for the first eight hours, and to additional 30 percent of his hourly rate on said day for work performed in excess of eight hours;
If not worked, he is not entitled to any payment, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment for special days even if not worked;
If worked and falling on the employee’s rest day, the employee is entitled for the first eight hours to 150 percent of his regular daily rate, and for work performed in excess of eight hours, plus 30 percent of his hourly rate on the said day.
Any clarification regarding the holiday pay rules may be made with the DOLE’s Bureau of Working Conditions (BWC) at tel. nos. 920-2381 and/or 920-2482 or its equivalent in the region. # PNA
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