..ang blog ni Yeyen.

Holiday Guide

It’s another long weekend for us because Monday is again a Special Non-Working Holiday it being the Eid’l Fitir of our brother Muslims.

As usual, our clients are frantically calling me for the rates to be used in computing their employees’ wages in case they require them to work on Monday. This always happens over and over again. No matter how many times I answer them, the rules never seem to sink in their brains. The pangs of irritation are catching up with me so to seal their lips, once and for all, I gave them hard copies of the Department of Labor and Employment’s Memorandum Circular No. 1, Series of 2004. This circular set the guidelines to be observed by employers in the private sector for the rates to be used in the computation of the salaries of their employees who may be working on a holiday.

The circular states:

1. For regular holidays as provided for under EO 203 (incorporated in EO 292) as amended by RA 9177:

New Year’s Day – January 1
Maundy Thursday – Movable Date
Good Friday – Movable Date
Araw ng Kagitingan – April 9
Labor Day – May 1
Independence Day – June 12
National Heroes Day- Last Sunday of August
Bonifacio Day – November 30
Eidul Fitr – Movable Date
Christmas Day – December 25
Rizal Day – December 30

the following rules shall apply:

1. If it is an employee’s regular workday

* If unworked – 100%
* If worked

* 1st 8 hours – 200%
* excess of 8 hours – plus 30% of hourly rate on said day

2. If it is an employee’s rest day

* If unworked – 100%
* If worked

* 1st 8 hours – plus 30% of 200%
* excess of 8 hours – plus 30% of hourly rate on said day

2. For declared special days such as Special Non-Working Day, Special Public Holiday, Special National Holiday, in addition to the two (2) nationwide special days (November 1, All Saints Day and December 31, Last Day of the Year) listed under EO 203, as amended, the following rules shall apply:

1. If unworked

* No pay, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked.

2. If worked

* 1st 8 hours – plus 30% of the daily rate of 100%
* excess of 8 hours – plus 30% of hourly rate on said day

3. Falling on the employee’s rest day and if worked

* 1st 8 hours – plus 50% of the daily rate of 100%
* excess of 8 hours – plus 30% of hourly rate on said day

3. For those declared as special working holidays, the following rules shall apply:

For work performed, an employee is entitled only to his basic rate. No premium pay is required since work performed on said days is considered work on ordinary working days.

Please be guided accordingly.

Note that the above rules are not applicable to those in the government sector with regular status (plantilla personnel). They do not also apply to monthly paid employees who are paid their salaries for every day of the month, including rest days, Sundays, regular or special days, although they do not regularly work on said days.

The rules then, are primarily set to benefit the Daily Paid Employees who are subject to the “no work, no pay” status, (including those working in the government under Job Order/Contractual status). This being, these daily paid employees are only paid their salaries for the days they actually worked.

By the way, to be paid during holidays without working, the daily paid employees must be present or on leave of absence with pay on the working day immediately preceding the regular holiday. If they are absent or on leave of absence without pay, they also do not get paid for that particular holiday.

Now, bemused employers, eyes to the board!


Comments on: "Holiday Guide" (8)

  1. Yen, what do you mean not applicable to the government sector? What about daily waged government workers? Dili diay applicable? Murag applicable man sa amo sa una sa NIA. Hmmm…

    • hahaha, you got me—kaya lang, specifically, ang provisions sa Labor Code (ug ang jurisdiction sa Dept of Labor and employment) are only for the private sector ra man gid jen…and those contractuals sa government offices, strictly speaking pod, wa pod sila gi consider nga employees sa government…so, correct tong NIA nga gi apply ang para sa private sector sa contractuals kay di man gid sila employees of the government,
      thanks for bringing this up — kay i’ll edit the post. I had the private sector in mind when I wrote this. : )

  2. as sus, no gid! di na pagansi ang goberno og kawawa ang accountant og masayop siya kay siya pabayron : )

  3. pagka mga danghag na ba diay ana nila so every time nay holiday they call you about this? yen, unsa ng constructive dismissal? hala nagsugod na imong blog nga itanong mo kay attorney!

    • hi marcus!

      Unlike in actual dismissal when the employer literally terminates the employees, in constructive dismissal an employee quits or resigns from employment because continued employment is rendered impossible, unreasonable, or unlikely – example when the employer incurs great financial losses such that it has no choice but to resort to reassignment of its employees to lower positions, or to transfer of the employees to far flung places, or to reduction of working hours and days, eventually resulting in retrenchment, or virtually depriving them of their jobs by gradual diminutive of salaries and benefits.

      In constructive dismissal, the employer does not terminate the employee but it is as if the employer dismisses him by enforcing certain conditions which makes employee’s continued employment impossible or unreasonable thus forcing him/her to resign eventually.

  4. what if I, your immediate superior, promote you. and then after a month i tell you, jenny N., my boss, made a mistake with the files she submitted to me about your profile and I’m sorry but i have to take the promotion back. then i would tell you “i’m sorry, Yen, please understand that its really not your fault nor mine, but my boss’. its all jenny’s fault.”

    i would then say what the f…! hehehe joke.

    question question

    • pwede lang siya ma constructive dismissal if tainted ang act with the intention to ease the employee out of work. so if due to other reasons than that, dili ma constructive dismissal. of course, og maka pinpoint siya og instances that will lead to the conclusion nga it was to force him to resign, constructive dismissal na. if not, he can complain for diminution of pay or benefits. case to case basis man gid and constructive dismissal, depende sa facts nga involved.

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