PAY RULES FOR 2019 HOLIDAYS OUT

To guide the employers in the private sector on how wages will be computed if their workers report for work during declared nationwide holidays for 2019, an advisory prescribing the appropriate determination of holiday pay was released by the labor department.

Labor Advisory No. 15, series of 2018, provides the computation and proper wage payments for the 12 regular holidays and nine special (non-working) days in 2019, declared under Proclamation No. 555, series of 2018, issued by President Rodrigo Duterte.

In the list of regular holidays are New Year’s Day (January 1), Araw ng Kagitingan (April 9), Maundy Thursday (April 18), Good Friday (April 19), Labor Day (May 1), Independence Day (June 12), National Heroes Day (August 26), Bonifacio Day (November 30), Christmas Day (December 25), and Rizal Day (December 30).

Also included are the observance of Muslim holidays such as Eidul Fitr or celebration of the end of Ramadhan and Eidul Adha or commemoration of the ‘Feast of Sacrifice, the proclamations of which will 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.

For these holidays, the pay rules state that work done during these days shall be paid 200 percent of an employee’s wage for the first eight hours or, [(Basic wage + COLA) x 200 percent]; while for work done in excess of eight hours (overtime), an additional 30 percent of the employee’s hourly rate, or [(Hourly rate of the basic wage x 200% x 130% x number of hours worked)] shall be paid.

Meanwhile, work done during these days that also fall on employee’s rest day shall be paid an additional 30 percent of his/her basic wage of 200 percent, or [(Basic wage + COLA) x 200%] + [30% (Basic wage x 200%)]; while for work done in excess of eight hours (overtime), an employee shall be paid an additional 30 percent of his/her hourly rate, or [(Hourly Rate of the basic wage x 200% x 130% x 130% x number of hours worked)].

If the employee, however, does not report for work during these days, he/she shall still be paid 100 percent of his/her wage for that day, or [(Basic wage + COLA) x 100%].

As for the special (non-working days), included in the list are Chinese New Year (February 5), EDSA People Power Revolution (February 25), Black Saturday (April 20), Ninoy Aquino Day (August 21), All Saints’ Day (November 1), Feast of the Immaculate Conception of Mary (December 8), and Last Day of the Year (December 31).

Added as special (non-working days) are November 2 and December 24, which according to the Malacañang Proclamation, are made to strengthen family ties by providing more time to observe their most cherished traditions, All Saints’ Day, All Souls’ Day; and Christmas commemorative activities; as well as to promote domestic tourism.

The pay rules for these holidays provide that for work done on these days, an employee shall be paid an additional 30 percent of his/her basic wage on the first eight hours, or [(Basic Wage x 130%) + COLA]; while for work done in excess of eight hours (overtime), employee shall be paid an additional 30 percent of his/her hourly rate, or [(Hourly Rate of the basic wage x 130% x 130% x number of hours worked)].

For work done during these days that also fall on employee’s rest day, he/she shall be paid an additional 50 percent of his/her basic wage on the first eight hours, or [(Basic wage x 150%) + COLA]; while for work done in excess of eight hours (overtime), an employee shall be paid an additional 30percent of his/her hourly rate, or [(Hourly Rate of the basic wage x 150% x 130% x number of hours worked)].

But if the employee does not report for 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. #  Source - Tim Laderas/DOLE