The Labor Department on Friday issued pay rules for workers on three upcoming regular holidays and a special nonworking day: Christmas Day, Rizal Day, New Year's Eve, and New Year's Day.
Labor Secretary Rosalinda Baldoz reminded private sector employers to observe the pay rules during the holidays and special day that will be celebrated nationwide.
Proclamation 84 of 2010, which declared the regular holidays for 2011, lists Dec. 25, Christmas Day; and Dec. 30, Rizal Day, as holidays.
The proclamation also lists December 31, 2011, a Saturday, as a non-working special day as it is the last day of the year.
On the other hand, Proclamation 295 of 2011 declares Jan. 1, 2012 as a regular holiday.
“Specifically, President Aquino III tasked the Department of Labor and Employment to promulgate the implementing guidelines for this Proclamation,” Baldoz said in a news release posted on the DOLE website.
The pay rules for the three holidays on Dec. 25 and 30 and Jan. 1 are as follows:
- If the day is an employee’s regular workday and it is unworked, he/she shall be paid 100 percent of his/her regular salary for that day.
- If the day is worked, he/she shall be paid 200 percent of his/her regular salary for that day for the first eight hours. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate on the said day.
- If the day falls on an employee’s rest day and it is unworked, he/she shall be paid 100 percent; but if the day is worked, he/she shall be paid an additional 30 percent of 200 percent. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate on the said day.
For Dec. 31, the following pay rules apply:
- If the day is unworked, 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 even if the day is unworked.
- If worked, the employee shall be paid an additional 30 percent of the daily rate of 100 percent on the first eight hours of work. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate on said day.
- If the day falls on the employee’s rest day and is worked, he/she shall be paid an additional 50 percent of the daily rate of 100 percent on the first eight hours of work. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate.
— RSJ, GMA News