DOLE pay rules for holidays in 2013

A January 10, 2013, press release from the Department of Labor and Employment

Secretary of Labor and Employment Rosalinda Dimapilis-Baldoz yesterday promulgated the implementing guidelines for Proclamation No. 459, s. 2012, declaring the regular holidays, special (non-working) days, and special holiday (for all schools) for the 2013.

On August 16, 2012, President Benigno S. Aquino III issued Proclamation No. 459 consistent with the laws of the Philippines governing the observance of holidays, to wit: Republic Act (RA) No. 9492, dated July 24, 2007, which amended Section 26, Chapter 7, Book I of Executive Order (EO) No. 292, also known as the Administrative Code of 1987, by declaring certain days, specific or movable, as special or regular holidays.

By virtue of Proclamation No. 459, there are ten regular holidays, seven special non-working days, and one special holiday for all schools for the year 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)
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)
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.”

“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 same Proclamation.

Thus, Baldoz, has issued Labor Advisory No. 06, Series of 2012, on the Payment of Wages for the Regular Holidays, Special (Non-working) Days, and Special Holiday (For all Schools) for the Year 2013, specifically promulgating the rules that shall apply, 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 excess 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% 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, February 25, 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 (non-working) days as stated in Labor Advisory No. 06, s. 2012.

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Infographic: The difference between regular holidays and special non-working days

 

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dole.gov.ph

 

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