Labor office sets pay rules for 2013

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Thursday, January 10, 2013


THE Department of Labor and Employment (Dole) has set the pay rules for the holidays this year, which include 10 regular holidays, seven special non-working days, and one special holiday for schools.

The declaration of holidays for this year is contained in Proclamation 459, according to Dole.

The regular holidays include New Year’s Day on January 1 (Tuesday); Maundy Thursday on March 28; Good Friday on March 29; Araw ng Kagitingan on April 9 (Tuesday); Labor Day on May 1 (Wednesday); Independence Day on June 12 (Wednesday); National Heroes Day on August 26 (Last Monday of August); Bonifacio Day on November 30 (Saturday); Christmas Day on December 25 (Wednesday); and Rizal Day on December 30 (Monday).

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The special non-working days cover Black Saturday in March 30; Ninoy Aquino Day on August 21 (Wednesday); All Saints Day on November 1 (Friday); Additional special (non-working) days on November 2 (Saturday) and December 24 (Tuesday); and Last Day of the Year in December 31 (Tuesday).

Edsa Revolution Anniversary in February 25 (Monday) is a special holiday for all schools.

Labor Secretary Rosalinda Baldoz said President Benigno Aquino III affirmed Black Saturday, together with November 2, and December 24, 2013, as additional special non-working days nationwide, citing the need to enable the Filipino people to observe their most cherished traditions, Holy Week, All Saints Day, and Christmas, “without prejudice to the public interest.”

In addition, Section 2 of Proclamation 459 provides that “the proclamations declaring national holidays for the observance of Eid’l Fitr and Eidul Adha shall hereafter be issued after the approximate dates of the Islamic Holidays have been determined in accordance with the Islamic calendar (Hijra) or the lunar calendar, or upon Islamic astronomical calculations, whichever is possible or convenient.”

“To this end, the National Commission on Muslim Filipinos (NCMF) shall inform the Office of the President on which day the holiday shall fall,” the Proclamation further provides.

Baldoz have issued the Labor Advisory 06, Series of 2012 on the Payment of Wages for the Regular Holidays, Special (Non-working) Days, and Special Holiday (For all Schools) for the Year 2013, specifically promulgating the rules that shall apply, as follows:

Regular Holidays

If the employee did not work, he/she shall be paid 100 percent of his/her salary for that day. Computation: (Daily rate + Cost of Living Allowance) x 100 percent. The COLA is included in the computation of holiday pay.

If the employee worked, he/she shall be paid 200 percent of his/her regular salary for that day for the first eight hours. Computation: (Daily rate + COLA) x 200 percent. The COLA is also included in computation of holiday pay.

If the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: Hourly rate of the basic daily wage x 200 percent x 130 percent x number of hours worked.

If the employee worked during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her daily rate of 200 percent. Computation: (Daily rate + COLA) x 200 percent] + (30 percent [Daily rate x 200 percent)].

If the employee worked in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: (Hourly rate of the basic daily wage x 200 percent x 130 percent x 130 percent x number of hours worked);

Special (Non-working) Days

If the employee did not work, 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.

If the employee worked, he/she shall be paid an additional 30 percent of his/her daily rate for the first eight hours of work. Computation: [(Daily rate x 130 percent) + COLA).

If the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: (Hourly rate of the basic daily wage x 130 percent x 130 percent x number of hours worked).

If the employee worked during a special day that also falls on his/her rest day, he/she shall be paid an additional fifty percent of his/her daily rate on the first eight hours of work. Computation: [(Daily rate x 150 percent) + COLA].

If the employee worked in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: (Hourly rate of the basic daily wage x 150 percent x 130 percent x number of hours worked).

Special Holiday for all schools

For private establishments, February 25, 2013 is an ordinary workday and no premium is required to be paid for work on said day.

On the other hand, employees in private schools, whether academic or administrative personnel, shall be paid in accordance with the rules for pay on special (nonworking) days as stated in Labor Advisory 06, Series of 2012. (SDR/Sunnex)

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