Computation/Deferment of Holiday Pay on 1 May 2020 (Labor Day), a Regular Holiday

[The Department of Labor and Employment (DOLE) issued Labor Advisory No. 15, series of 2020, as guide for the computation of holiday pay for 1 May 2020, Labor Day. Establishments that have totally closed or ceased operations during the enhanced community quarantine are exempted from paying holiday pay. For operating establishments, the payment of holiday pay for Labor Day is deferred. The full text of Labor Advisory No. 15 is reproduced below.]


LABOR ADVISORY NO. 15 (Series of 2020)

Pursuant to Proclamation No. 845 issued by President Rodrigo Roa Duterte on November 15, 2019, the following rules for pay on regular holidays shall apply on May 1, 2020:

1. If the employee did not work, he/she shall be paid 100% of his/her wage for that day, subject certain requirements under the implementing rules and regulations of the Labor Code, as amended, or that he or she was present or on leave with pay on April 30, the workday prior to May 1, 2020 [(Basic wage + COLA) x 100%];

2 For work done during the regular holiday, the employee shall be paid 200% of his/her wage for that day for the first eight hours [(Basic wage + COLA) x 200%];

3. For work done in excess of eight hours (overtime work), he/she shall be paid an additional 30% of his/her hourly rate on said day [Hourly rate of the basic wage x 200% x 130% number of hours worked];

4. For work done during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her basic wage of 200% [(Basic wage + COLA) x 200%] + [30% [Basic wage x 200%)]; and

5. For work done in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day (Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked].

However, in view of the existence of a national emergency arising from the Coronavirus Disease 2019 (COVID-19) situation, employers are allowed to defer payment of holiday pay on May 1, 2020, until such time that the present emergency situation has been abated and the normal operations of the establishment is in place. 

Establishments that have totally closed or ceased operations during the enhanced community quarantine period are exempted from the payment of the holiday pay under this Advisory. 

Be guided accordingly.

SILVESTRE H. BELLO III, Secretary

30 April 2020

P&L Law

One thought on “Computation/Deferment of Holiday Pay on 1 May 2020 (Labor Day), a Regular Holiday

  1. AvatarRusty

    Saturday-Rest Day pay.

    What is the legal computation if the employer orders us to render below 8 hrs
    of work on a saturday rest day?

    Reply

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