If, you’ve been caught up with shopping (blues?) and have forgotten, there’s an 8-day long holiday nearing. And here are the pay rules for this unusual holiday break.
Remember that December 25 (Christmas Day), December 30, 2008 (Rizal Day) and January 1, 2009 (New Year's Day) are regular holidays. While December 26 (the Friday caught between Christmas Day and the weekend), December 29 (the Monday caught between the weekend and Rizal Day), and December 31, 2008 (Last Day of the Year) are special non-working days declared so by Her Shortness.
The DOLE has been kind enough (or maybe they just don’t want to be bothered during their Christmas parties) to issue the rules regarding pay on said regular holidays and special non-working days as follows:
A. For the regular holidays on December 25 (Christmas Day) and December 30, 2008 (Rizal Day), and January 1, 2009 (New Year's Day):
1. If it is the employee's regular workday:
• and he/she works, the pay is 200% of his/her basic wage for the first 8 hours and, for work in excess of the 8 hours, an additional 30% of his/her hourly rate on said day;2. If it is the employee's rest day:
• and he/she decides to just go shopping or skip town to avoid the godchildren, he/she is entitled to 100% of his/her daily rate, provided he/she was present or was on leave with pay on the workday immediately preceding the holiday. (but see no.3 below)
• if worked, the pay is, for the first 8 hours, 200% of his/her daily rate add 30% and, for work in excess of 8 hours, plus 30% of his hourly rate on the said day;3. Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he/she shall not be deemed on leave of absence on that day, in which case he/she shall be entitled to the holiday pay.
• if unworked, the pay is 100% of his/her daily rate, provided he was present or was on leave with pay on the workday immediately preceding the holiday. (but see no.3 below)
B. For the special (non-working) days on December 26 and 29, and December 31, 2008 (Last Day of the Year):
1. if worked, the pay is 130% of his/her daily rate for the first 8Still confused? Just call the DOLE's Bureau of Working Conditions (BWC) at tel. nos. 920-2381 and/or 920-2482. Good luck!
hours, plus 30% of his/her hourly rate on said day for work performed in excess of 8 hours;
2. if worked and falling on the employee's rest day, the pay is, for the first 8 hours, 150% of his/her regular daily rate, and for work performed in excess of 8 hours, plus 30% of his/her hourly rate on said day;
3. if unworked, he/she is not entitled to any payment, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment for special days even if not worked.
Oh, and Happy Holidays!
2 comments:
I decided to write regarding this guideline for holiday pay this season which concerns my availing of the string of holidays that our kind government provided from Dec 25 until Jan 1. Here it is:
"A. For the regular holidays on December 25 (Christmas Day) and Dec. 30, 2008 (Rizal Day), and Jan. 1, 2009 (New Year's Day):
-If unworked, he is entitled to 100 percent of his daily rate, provided he was present or was on leave with pay on the workday immediately preceding the holiday."
I was wondering if I would still receive my pay for being absent on Dec30 and 1 when I'm not present on the days preceding those said holidays (Dec 29 and Dec 31st). On those days preceding the holidays, some of my colleagues will work and I am one of the few who chose to rest. I also want to be sure if I'll be receiving pay for Dec 25th when I'll just be working half-day on the 24th due to the holiday rush.
Thank you so much for your reading this. I hope you could answer my questions. Merry Christmas!
Hello,
Merry Christmas to you too!
Based on the facts you presented, we are of the opinion that the rule is clear re pay for unworked holiday, ie., you have to have been "present or was on leave with pay on the workday immediately preceding the holiday," unless it was a non-work day.
We also opine that you have to have worked during the whole day preceding the holiday.
As we recommended in our post, however, your confusion is best resolved by contacting the DOLE.
Happy Holidays!
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