2019/10/29 — The Department of Labor and Employment (DOLE) reminded employers to strictly observe the rule on the payment of wages for the Special (Non-Working) Holidays on November 1 and 2 and the Regular Holiday on November 30.

Employees who will not work on All Saints’ Day and All Souls’ Day to visit their departed loved ones won’t get any pay unless there is a favorable company policy granting payment during the holiday. Meanwhile, for those who opt not to work on November 30 (Bonifacio Day), they will be paid 100% of their pay for that day.

Prescribing the proper pay rules, Labor Secretary Silvestre H. Bello III issued Labor Advisory No. 11, Series of 2019, pursuant to Proclamation No. 555 signed by President Rodrigo Roa Duterte declaring November 1 and 2 as special non-working holidays and November 20 as Regular Holiday.

For Special (Non-Working) Holidays November 1 and 2:

If an 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.

For work done during the special day, the workers shall be paid an additional 30 percent of their daily rate on the first eight (8) hours of work. The Daily Rate x 130 percent plus COLA scheme will be observed.

For work done in excess of eight (8) hours (overtime work), the workers will be paid an additional 30 percent of their hourly rate on said day. The computation will be: hourly rate of the basic daily wage x 130 percent x 130 percent x number of hours worked.

For work done during a special day that also falls on the workers’ rest day, they shall be paid an additional 50 percent of their daily rate on the first eight (8) hours of work, thus, the ‘Daily Rate x 150 percent + COLA’ computation will apply.

For work done in excess of eight (8) hours (overtime work) during a special day that also falls on the workers’ rest day, they shall be paid an additional 30 percent of their hourly rate on said day, or a computation of hourly rate of the basic daily wage x 150 percent x 130 percent x number of hours worked.

For the Regular Holiday on November 30:

If an employee did not work, he/she shall be paid the 100% of his/her salary for that day, subject to certain conditions under the implementing rules and regulations [(Daily rate + COLA) x 100%];

For work done during the regular holiday, the employee shall be paid 200% of his/her regular salary for that day for the first eight hours [(Daily rate + COLA) x 200%];

For work done in excess of eight hours (overtime work), he/she shall be paid an additional 30% of his/her hourly rate on said day [Hourly rate of the basic daily wage x 200% x 130% x number of hours worked];

For work done during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her daily rate of 200% [(Daily rate + COLA) x 200%] + [30% (Daily rate x 200%)]; and

For work done in excess of eight (8) hours (overtime work) during a regular holiday that also falls on the workers’ rest day, they shall be paid an additional 30 percent of their hourly rate on said day (Hourly rate of the basic daily wage x 200 % x 130% x 130% x number of hours worked).“

DOLE 9 Director Ofelia B. Domingo advised workers who are faced with issues on underpayment and non-payment of proper wages to report such to the DOLE. They may reach the office thru the following hotline numbers: (062) 991-3376 / 991-2673 and 0917-7244334. /END

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