Pay rules on November holidays spelled out

10/31/2009

Labor Secretary Marianito Roque yesterday said Eid’l Adha, falling on Nov. 27 and 28, is a regional holiday applicable only to the Autonomous Region of Muslim Mindanao.

“As a result of Proclamation No. 1808-A, the pay rules for regular holidays will not apply during the said dates except in ARMM,” Roque advised the country’s employers.

Roque also spelled out the pay rules governing the workers’ pay during special non-working days on November 1 (All Saints Day) and November 2 (All Souls’ Day), Eid’l Adha holiday, and on the celebration of Bonifacio Day, a regular holiday scheduled on November 30.

President Arroyo, in her Proclamation No. 1808 issued on April 12, 2009, had earlier declared November 27 and 28 as national holidays.

At the same time, Roque said November 2, 2009 is a national special non-working day, based on President Arroyo’s Proclamation No. 1699 issued last year.

He added that Proclamation No. 1699 also maintained the regular holiday in observance of Bonifacio Day on November 30, 2009, which marks the 146th birth anniversary of the Filipino hero Andres Bonifacio, known as the “Great Plebeian.”

As spelled by Roque, the following pay rules apply to work during the said holidays.

1) For November 1 (All Saints Day) and 2, 2009, the pay rules for special non-working days apply as follows: a) If worked, the employee is entitled to 130% of his [or her] daily rate for the first 8 hours, and to an additional 30% of his or her hourly rate on the said day for work performed in excess of 8 hours; b) 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; c) If worked and falling on the employee’s rest day, the employee is entitled for the first 8 hours to 150% of his or her regular daily rate, and for work performed in excess of 8 hours, plus 30% of his or her hourly rate on the said day.

2) For the November 27 and 28 (Eid’l Adha), and November 30, 2009 (Bonifacio Day), the pay rules for regular holidays apply as follows: a) If the holiday falls on an employee’s regular workday: If worked, [the employee] is entitled to 200% of his [or her] basic wage for the first eight (8) hours and, for work in excess of the 8 hours, to an additional 30% of his or her hourly rate on the said day; If unworked, the employee is entitled to 100% 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. b) If the day is the employee’s rest day: If worked, the employee is entitled, for the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on the said day; If unworked, the employee is entitled to 100% 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. c) 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. Mina Diaz

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