DOLE reminds employers of holiday pay rules

Published December 23, 2011 7:35pm

Department of Labor and Employment (DOLE) Secretary Rosalinda Baldoz has reminded private sector employers to observe the pay rules during the holidays and special days that will be celebrated nationwide in the remainder of 2011.

Proclamation 84 of 2010, which declared the regular holidays for 2011, lists Dec. 25, Christmas Day; and Dec. 30, Rizal Day, as holidays. It also lists December 31, 2011, a Saturday, as a non-working special day as it is the last day of the year.

Proclamation 295 of 2011 declares Jan. 1, 2012 as a regular holiday.

Baldoz said the pay rules for the three holidays on Dec. 25 and 30 and Jan. 1 are as follows:

If the day is an employee’s regular workday and it is unworked, he/she shall be paid 100 percent of his/her regular salary for that day;
If the day is worked, he/she shall be paid 200 percent of his/her regular salary for that day for the first eight hours. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate on the said day; or
If the day falls on an employee’s rest day and it is unworked, he/she shall be paid 100 percent; but if the day is worked, he/she shall be paid an additional 30 percent of 200 percent. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate on the said day.

For Dec. 31, the following pay rules apply:

If the day is unworked, 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 even if the day is unworked;
If worked, the employee shall be paid an additional 30 percent of the daily rate of 100 percent on the first eight hours of work. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate on said day; or
If the day falls on the employee’s rest day and is worked, he/she shall be paid an additional 50 percent of the daily rate of 100 percent on the first eight hours of work. In excess of eight hours, he/she shall be paid an additional 30 percent of the hourly rate. — ELR, GMA News

Tags: holidaypay, dole