From the Department of Labor and Employment
Secretary of Labor and Employment Rosalinda Dimapilis-Baldoz urges all employers in the private sector to promote workers’ welfare and protection by observing the proper pay rules and other core labor standards during Chinese New Year, which will be celebrated on January 31, 2014, and which was declared a special (non-working) day nationwide.
President Benigno S. Aquino III declared Chinese New Year a special (non-working) under Proclamation No. 655, s. 2013, “Declaring the regular holidays, special (non-working) days, and special holiday (for all schools) for the year 2014,” which he issued on September 25, 2013.
“On January 31, 2014, Chinese nationals all over the world will celebrate Spring Festival, popularly known as the Chinese New Year, which is one of the most revered and festive events celebrated not only in China, but also in the Philippines, by both Chinese-Filipinos and ordinary Filipinos. The joint celebration is a manifestation of our solidarity with Chinese-Filipinos who have been part of our country in many respects,” said Secretary Baldoz.
Thus, the labor and employment chief reiterated that proper observance of the pay rules on this day is a decent work standard that encourages productive and efficient workers, adding that voluntary compliance with labor laws, including correct wage payment during holidays, promotes workplace excellence and redounds to the competitiveness of business and the country’s industries.
Pursuant to Labor Advisory No. 14, Series of 2013, which Baldoz issued on December 20, 2013, the proper pay rules to be observed for the special non-working holiday on January 31, 2014 are as follows:
- 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 reports for work, he shall be paid an additional 30 percent of his daily rate on the first eight hours of work. The standard computation for this is as follows: [(Daily rate x 130 percent) + COLA)];
- For work done in excess of eight hours (overtime work), he shall be paid an additional 30 percent of his hourly rate on said day. (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 an employee’s rest day, he be paid an additional 50 percent of his daily rate on the first eight hours of work. [(Daily rate x 150 percent) + COLA]; and
- For work done in excess of eight hours (overtime work) during a special day that also falls on an employee’s rest day, he shall be paid an additional 30 percent of his hourly rate on said day. (Hourly rate of the basic daily wage x 150 percent x 130 percent x number of hours worked).