THE Department of Labor and Employment (Dole) 7 has released the pay rules for the holidays of December 2021.
The special non-working day on Dec. 8 for the Feast of the Immaculate Conception of Mary and the regular holidays Dec. 25 (Christmas Day) and Dec. 30 (Rizal Day), will each have a different computation for the payment of wages of the workers.
In a press release, the labor department said if workers did not work on Dec. 8, then the “no work, no pay” principle would apply unless there is a favorable company policy, practice or collective bargaining agreement granting payment on that day even if unworked.
Workers reporting to duty on that day must be paid an additional 30 percent of their basic wage for the first eight hours of work, Dole said.
For overtime work, workers must be paid an additional 30 percent of their hourly rate on that day.
However, workers who work on a Special Day that happens to be their rest day shall be paid an additional 50 percent of their basic wage on the first eight hours of work.
For overtime work rendered on that day, which also falls on the workers’ rest day, they must be paid an additional 30 percent of their hourly rate on said day.
The Dec. 25 and 30 holidays will have a different rule for the computation of wages. Workers who will not work on those days will be paid 100 percent of their daily rate, provided they must be present or on leave with pay on the last workday prior to said regular holidays. For work done during the regular holiday, workers should be paid a total of 200 percent of their wage for that day for the first eight hours of work.
For work done in excess of eight hours or overtime work, workers must be paid an additional 30 percent of their hourly rate on that day.
For work done on that day, which also happens to be the rest day of the workers, they must be paid an additional 30 percent of their basic wage of 200 percent.
For workers who render overtime work on a regular holiday that also happens to be their rest day, they must be paid an additional 30 percent of their hourly rate on said day.
However, the Dole 7 clarified that due to the existence of a national emergency brought about by the effects of the Covid-19 pandemic, establishments that have totally closed or ceased operations during the community quarantine period are exempted from paying the holiday pay on Dec. 25 and 30.
Dec. 24 (Christmas Eve) and Dec. 31 (New Year’s Eve), on the other hand, have been declared as Special Working Days. There will be no premium pay required since work performed on said days is considered work on an ordinary working day.
For work done on a Special Working Day, workers will be entitled to their daily wage only.
The pay rules for the December 2021 holidays are defined in the latest advisory issued by Labor and Employment Secretary Silvestre Bello III, Labor Advisory No. 23, Series of 2021. (JOB with PR)