The Department of Labor and Employment allowed employers to defer giving holiday pay during Holy Week, as the country faces the Covid-19 crisis.This is pursuant to Article 5 of the Labor Code of the Philippines, as amended, in relation to Labor Advisory 13 s. 2020, which states that on the account of the national emergency, employers are allowed to defer payment of holiday pay on April 9, 10, and 11, until such time that the emergency situation has been abated and normal operations of the establishments resume.
Labor Advisory 13 states that establishments that ceased operation during the enhanced community quarantine period are exempt from payment of holiday pay.
Araw ng Kagitingan and Maundy Thursday both fall on April 9 and Good Friday is on April 10. Both days are regular holidays while Black Saturday, April 11, is a special non-working holiday.
Under the DOLE advisory, there are different payment rules for the double regular holiday on April 9 which is Araw ng Kagitingan and Maundy Thursday. If the employee did not work, the employee should be paid 200 percent of the daily wage, because it’s a double holiday. To be qualified, the employee must have been either present or on leave with pay on March 16, the day before the enhanced community quarantine on March 17. The computation is basic wage plus cost-of-living allowance, multiplied by 200 percent.
If the employee worked on April 9, he/she should be paid thrice their daily wage for the first eight hours. It should follow the computation of basic wage plus COLA multiplied by 300 percent.
For overtime work, employees should be paid an additional 30 percent of the hourly rate. DOLE’s computation on this is hourly rate of the basic wage multiply by 300 percent multiply by 130 percent multiply by the number of hours worked.
If work done during the double holiday falls on an employee’s rest day, the employee should be paid an extra 30 percent of his or her tripled basic wage. The total pay should be basic wage plus COLA multiply by 300 percent plus 30 percent of basic wage multiply by 30.
If the overtime work on April 9 falls on an employee’s rest day, the computation should include an additional 30 percent of his or her rate that day: hourly rate of the basic wage multiply by 300 percent multiply by 130 percent multiply by 130 percent multiply by number of hours worked.
For April 10 (Good Friday), if the employee did not work, 100 percent of his or her salary shall be paid for that day. To be qualified, the employee must have been either present or on leave with pay on March 16.
If the employee worked, he/she shall be paid 200 percent of his or her regular salary for that day for the first eight hours. This is computed as basic wage plus COLA multiply by 200 percent.
For work beyond eight hours, employees should be paid an additional 30 percent of their hourly rate. This is computed as hourly rate of the basic wage multiply by 200 percentmultiply by 130 percentmultiply by number of hours worked.
For employees who work on the holiday which also coincides on their rest day, they shall be paid an additional 30 percent of their daily rate of 200 percent. This is computed as basic wage plus COLA multiply by 200 percent plus 30 percent basic wage multiply by 200 percent.
For overtime in this scenario, workers should be paid an additional 30 percent of their hourly rate that day. DOLE’s computation for this is hourly rate of the basic wage multiply by 200 percent multiply by 130 percent multiply by 130 percent multiply by number of hours worked.
For April 11 (Black Saturday), if the employee did not work, the “no work, no pay” policy will apply unless a company policy, practice, or collective bargaining agreement is in place which grants payments for special holidays.
For work done on a special holiday, workers should be paid an additional 30 percent of daily wages for the first eight hours of work.
For work done beyond eight hours, workers should be paid an additional 30 percent of hourly rates. DOLE’s computation is hourly rate of the basic wage multiply by 130 percent multiply by number of hours worked.
If work done on the special holiday coincides with the worker’s rest day, he or she must be paid an additional 50 percent of his or her daily wage for the first eight hours of work. DOLE computes this as basic wage multiply by 150 percent plus COLA.
For overtime in this scenario, workers should be paid an additional 30 percent of their hourly rate. This is computed as hourly rate of the basic wage multiply by 150 percent multiply by 130 percent multiply by number of hours worked.
For more information visit www.dole.gov.phwww.car.dole.gov.ph.
April 19, 2024
