2013 holiday pay rules clarified by DOLE

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BicolToday.com Reportorial Staff

LEGAZPI CITY (BicolToday.com /16-Jan-2013) -The labor department in response to numerous queries from the labor sector issued its implementing guidelines for Proclamation No.459 of 2012. The proclamation identified regular holidays, special (non-working) day to assuage fear of abuse
of employers in granting special rates to employees rendering services on specific dates covered by the proclamation. It also covers the special holidays to be observed by the education department.

Proclamation No. 459 is in consonance with R.A. 9492 declaring certain days, specific or movable as special or regular holidays. It amended the provisions of Executive Order 292 known as the Administrative Code of 1987.

Secretary Rosalinda Baldoz of the labor department said that the proclamation identified 10 regular holidays, seven special non-working days. And one special holiday for all schools for 2013, as follows;

Regular Holidays: New Year’s Day, January 1 (Tuesday); Maundy Thursday, March 28; Good Friday, March 29; Araw ng Kagitingan, April 9 (Tuesday); Labor Day, May 1 (Wednesday); Independence Day, June 12 (Wednesday); National Heroes Day, August 26 (Last Monday of August); Bonifacio Day, November 30 (Saturday); Christmas Day, December 25 (Wednesday); and Rizal Day, December 30 (Monday).

Special (Non-Working Days): Black Saturday, March 30; Ninoy Aquino Day, August 21 (Wednesday); All Saints Day, November 1 (Friday); Additional special (non-working) days, November 2 (Saturday); December 24 (Tuesday); and Last Day of the Year, December 31 (Tuesday).

Special Holiday (for all schools): EDSA Revolution Anniversary, February 25 (Monday). The labor and employment chief said President Aquino III affirmed Black Saturday, together with November 2, and December 24, 2013, as additional special non-working days nationwide, citing the need to enable the Filipino people to observe their most cherished traditions, Holy Week, All Saints Day, and Christmas, “without prejudice to the public interest.”

In addition, Section 2 of Proclamation No. 459 provides that “the proclamations declaring national holidays for the observance of Eid’l Fitr and Eidul Adha shall hereafter be issued after the approximate dates of the Islamic Holidays have been determined in accordance with the Islamic calendar (Hijra) or the lunar calendar, or upon Islamic astronomical calculations, whichever is possible or convenient.”

As mandated by the Proclamation, DOLE issued Labor Advisory No. 6, 2012 to clarify the payment of wages for the regular holidays, special no “To this end, the National Commission on Muslim Filipinos (NCMF) shall inform the Office of the President on which day the holiday shall fall,” the Proclamation further provides.

Likewise, the Proclamation mandates the DOLE to promulgate the implementing guidelines of the said Proclamation by issuing Labor Advisory No. 6 Series of 2012 to clarify the payment of wages for the Regular Holidays, Special (non-working) Days, and Special Holiday (For All Schools) for the year 2013. It shall be applied as follows;

Regular Holidays

• If the employee did not work, he/she shall be paid 100 percent of his/her salary for that day. 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. 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. 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. 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. Computation: (Hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked);

Special (Non-working) Days

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

Special Holiday for all schools

For private establishments, 25 February 2013 is an ordinary workday and no premium is required to be paid for work on said day.

On the other hand, employees in private schools, whether academic or administrative personnel, shall be paid in accordance with the rules for pay on special (nonworking) days as stated in Labor Advisory No. 06, Series of 2012.(Source: www.DOLE.gov.ph)

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