DOLE reminds of pay rules for holidays in December, January

The Department of Labor and Employment (DOLE) posted the pay rules for both regular and special holidays in December and January as a reminder to employers and their employees.

In Labor Advisory No. 18 released on December 15, DOLE cited Proclamation Nos. 831 and 1105 issued by President Benigno Aquino III for the following rules for pay during the holidays: 

Regular holidays - December 25 and 30, 2015 and January 1, 2016

• If the employee did not work, he/she shall be paid 100% of his/her salary for days indicated [(daily rate x cost of living allowance) x 100%]
• For work done during the regular holiday, the employee shall be paid 200% of his/her regular salary for the first eight hours [(daily rate x COLA) x 200%]
• For overtime work (work done in excess of eight hours), he/she shall be paid an additional 30% of his/her hourly rate [Hourly rate of the basic daily wage x 200% x 130% x number of hours worked]
• If an employee works on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate of 200% [(daily rate x COLA) x 200%] + [30% (daily rate x 200%)]
• For overtime work on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day  [Hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked]

Special (non-working) holidays  - December 24 and 31, 2015 and January 2, 2016

• If the employee did not work, the "no work, no pay" policy shall apply. That is unless there is another company policy, practice, or collective bargaining agreement (CBA) granting payment on special days.
• For work done during the special non-working holiday, he/she shall be paid an additional 30% of his/her daily rate on the first eight hours of work [(daily rate x 130%) + COLA]
• For overtime work, he/she shall be paid an additional 30% of his/her hourly rate on said day [hourly rate of the basic daily wage x 130% x 130% x number of hours worked]
• If an employee works on a special holiday that also falls on his/her rest day, he/she shall be paid an additional 50% of his/her daily rate on the first eight hours of work [(daily rate x 150%) + COLA]
• For overtime work on a special holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day  [Hourly rate of the basic daily wage x 150% x 130% x number of hours worked]

—Trisha Macas/JST, GMA News