Labor department sets dates, pay rules for 2013 holidays

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Monday, January 14, 2013


CITY OF SAN FERNANDO---The Department of Labor and Employment (Dole) has identified and set the pay rules for holidays this year.

According to DoLE-3 Director Raymundo Agravante---through labor communications officer Jerry Borja---Secretary Rosalinda Dimapilis-Baldoz promulgated the implementing guidelines for Proclamation No. 459, Series of 2012, “Declaring the regular holidays, special (non-working) days, and special holiday (for all schools) for the year 2013” to avoid complexities and disseminate in advance information about holiday dates and rules to both employers and workers in the labor sector.

Proclamation No. 459 pinpoints 10 regular holidays, 7 special non-working days, and one special holiday for all schools for the year 2013.
Regular holidays include New Year’s Day, January 1 (Tuesday); Maundy Thursday, March 28; Good Friday, March 29; Araw ng Kagitingan, April 9 (Tuesday); Labor Day, May 1 (Wednesday); Independence Day, June 12 (Wednesday); National Heroes Day, August 26 (Last Monday of August); Bonifacio Day, November 30 (Saturday); Christmas Day, December 25 (Wednesday); and Rizal Day, December 30 (Monday).

Identified as Special  Non-Working Days are Black Saturday, March 30; Ninoy Aquino Day, August 21 (Wednesday); All Saints Day, November 1 (Friday); Additional special (non-working) days, November 2 (Saturday); December 24 (Tuesday); and last day of the year, New Year’s Eve on December 31 (Tuesday).

The Special Holiday (for all schools) is the EDSA Revolution Anniversary, February 25 (Monday) while Black Saturday, together with November 2, and December 24, 2013, are additional special non-working days nationwide.
In addition, Section 2 of the proclamation provides that “observance of such national holidays like 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.”

The Dole statement sent to Sun.Star Pampanga also noted that 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.”

With these, Baldoz, issued Labor Advisory No. 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.”

For 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);

For special (non-working) days, the guidelines are: 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 on 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]; and 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).

Baldoz stressed in the statement that 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 (non-working) days as stated in Labor Advisory No. 06, Series of 2012.

Published in the Sun.Star Pampanga newspaper on January 14, 2013.

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