DOLE reminds employers of pay rules for holidays

With just 10 days to go before Christmas, the Department of Labor and Employment reminded employers Tuesday to abide by the pay rules for the holidays. Labor Secretary Marianito Roque said the pay rules covering the regular holidays and special non-working days shall apply. December 25 (Christmas Day) and December 30 (Rizal Day), and January 1, 2010 (New Year’s Day) are nationwide regular holidays. On the other hand, December 24 and 31 are special non-working days, with President Gloria Macapagal Arroyyo declaring Dec. 24 as an additional special non-working day nationwide. Her proclamation designated the holidays "to foster closer family ties, as well as to enable our countrymen to observe Christmas more meaningfully." Under the pay rules for December 25 and 30, and January 1: * If the holiday falls on an employee’s regular workday: - If worked, [the employee] is entitled to 200 percent of his [or her] basic wage for the first eight hours and, for work in excess of the 8 hours, to an additional 30 percent of his or her hourly rate on the said day. - If unworked, the employee is entitled to 100 percent of his or her regular daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday. * If the day is the employee’s rest day: - If worked, the employee is entitled, for the first 8 hours, to 200 percent of his or her daily rate plus 30 percent and, for work in excess of 8 hours, plus 30 percent of his or her hourly rate on the said day. - If unworked, the employee is entitled to 100 percent of his or her regular daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday. * Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he or she shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay. For the special non-working days on December 24, and December 31: * If worked, an employee is entitled to 130 percent of his [or her] daily rate for the first 8 hours, and to an additional 30 percent of his or her hourly rate on the said day for work performed in excess of 8 hours. * If unworked, he or she is not entitled to any payment, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment for special days even if not worked; * If worked and falling on the employee’s rest day, the employee is entitled for the first 8 hours to 150 percent of his or her regular daily rate, and for work performed in excess of 8 hours, plus 30 percent of his or her hourly rate on the said day. Any clarifications regarding the holiday pay rules may be made with the DOLE’s Bureau of Working Conditions (BWC) at tel. no. 527-3000 local 301. - RSJ/KBK, GMANews.TV