MANILA – Private sector employees reporting for work on Tuesday, Chinese New Year, are entitled to an additional 30 percent of their daily wage.
Labor Advisory No. 12, Series of 2025, signed by Secretary Bienvenido Laguesma, reminded employers of the proper pay rules for Feb. 17, which has been declared a special non-working day.
For work performed during the special day, the employer shall pay the employee an additional 30% of the basic wage on the first eight hours of work (basic wage x 130%).
On the other hand, the worker will not receive the additional pay, if he/she did not report for work on the said day.
“The 'no work, no pay' principle shall apply unless there is a favorable company policy, practice, or collective bargaining agreement granting payment on a special day," the DOLE said.
If the worker performed in excess of eight hours, the employer has to pay the employee an additional 30% of the hourly rate on the said day.
For work done during the special day that also falls on the employee's rest day, the employer shall pay the employee an additional 50% of the basic wage for the first eight hours of work.
If the employee performed in excess of eight hours during the special day that also falls on the employee's rest day, the employer shall pay the employee an additional 30% of the hourly rate on the said day.
The pay rules were issued pursuant to Proclamation No. 1006, Series of 2025.
Meanwhile, the DOLE, through the National Labor Relations Commission (NLRC), reminded Filipino workers that they cannot be dismissed without valid legal grounds.
NLRC Commissioner Hernan Nicdao, regular employees are protected by the principle of security of tenure and cannot be dismissed without cause.
He said termination is permitted only for just causes such as serious misconduct or fraud, or authorized causes including redundancy, retrenchment, retirement, labor-saving measures, and serious illness.
“Employers must provide separation or retirement pay when job loss is not due to the worker’s fault. In cases of redundancy, workers may receive one month’s salary for each year of service, while retrenchment or illness cases require at least half a month’s salary for each year of service,” he said.
At the same time, he warned that employers who refuse to reinstate workers after approved sick leave may face illegal dismissal complaints if no lawful reason exists.
To help workers resolve disputes quickly, the labor department offers the Single Entry Approach, where trained mediators assist parties in settling cases amicably before they escalate to formal arbitration.
If mediation fails, workers may file formal cases with the NLRC, with free legal assistance available from Public Attorney’s Office. Those who win illegal dismissal cases may receive reinstatement with back wages or separation pay if returning to work is no longer feasible.
Workers seeking help on dismissal, separation pay, or workplace rights may visit NLRC offices or consult its official website (nlrc.dole.gov.ph) and Facebook page (facebook.com/nlrcofficial). (PNA)