One of the more confusing matters, for employees and HR people alike, is the computation of holiday pay, complicated by the fact that there are different “kinds” of holidays. This is cleared by Memorandum Circular No. 1 of the Department of Labor and Employment (DOLE), the full text of which is reproduced and discussed below (added: see computation for double holidays).
(8 March 2004)
Pursuant to the provisions of the Labor Code, as amended in relation to the observance of declared holidays and in response to the queries received every time a Presidential Proclamation or a law is enacted by Congress which declares certain days either as a regular holiday, a special day or a special working holiday, the following guidelines shall be observed by all employers in the private sector:
1. For regular holidays as provided for under EO 203 (incorporated in EO 292) as amended by RA 9177:
New Year’s Day – January 1
Maundy Thursday – Movable Date
Good Friday – Movable Date
Araw ng Kagitingan – April 9
Labor Day – May 1
Independence Day – June 12
National Heroes Day- Last Sunday of August
Bonifacio Day – November 30
Eidul Fitr – Movable Date
Christmas Day – December 25
Rizal Day – December 30
the following rules shall apply:
1. If it is an employee’s regular workday
* If unworked – 100%
* If worked
- 1st 8 hours – 200%
- excess of 8 hours – plus 30% of hourly rate on said day
2. If it is an employee’s rest day
* If unworked – 100%
* If worked
- 1st 8 hours – plus 30% of 200%
- excess of 8 hours – plus 30% of hourly rate on said day
2. For declared special days such as Special Non-Working Day, Special Public Holiday, Special National Holiday, in addition to the two (2) nationwide special days (November 1, All Saints Day and December 31, Last Day of the Year) listed under EO 203, as amended, the following rules shall apply:
1. If unworked
* No pay, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked.
2. If worked
* 1st 8 hours – plus 30% of the daily rate of 100%
* excess of 8 hours – plus 30% of hourly rate on said day3. Falling on the employee’s rest day and if worked
* 1st 8 hours – plus 50% of the daily rate of 100%
* excess of 8 hours – plus 30% of hourly rate on said day
3. For those declared as special working holidays, the following rules shall apply:
For work performed, an employee is entitled only to his basic rate. No premium pay is required since work performed on said days is considered work on ordinary working days.
Please be guided accordingly.
———————–
Note: If you still don’t know it yet, one of the more helpful government websites is that of the DOLE. It boasts of useful features such as the Frequently Asked Questions (FAQs), and, to my delight, a fully functional email-query system.
To test the email-query system, I sent a query regarding holiday pay for regular holidays falling on the employee’s rest day (in this case, 29 April 2006, Araw ng Kagitingan). In an hour or so, I received a reply. Here’s my e-mail:
Gentlemen:
I write in connection with DOLE Memorandum Circular No. 01, which provides a summary of an employee’s entitlement to holiday pay for regular, special working and special non-working holidays.
As stated in said Circular, if a regular holiday falls on an employee’s rest day and it is UNWORKED, the employee receives 100% of his/her daily salary. This, however, has caused confusion because some MONTHLY-paid employees believe that they are entitled to an additional payment of one day. This is exacerbated by the news item which appeared on 7 April 2006 on your website (“DOLE issues Araw ng Kagitingan pay rules”), which states that “[i]f the day falls on an employee’s rest day and is unworked, he or she is paid on that day. xxx” Kindly clarify that there should be a distinction between monthly-paid and daily-paid employees, as the former is deemed paid for the entire month, even on regular holidays.
Your usual prompt action on this matter is highly appreciated.
Here’s the reply:
Dear Mr. Pamaos:
Good afternoon.
Anent your query, MONTHLY PAID EMPLOYEE refers to one who is paid his wage or salary for every day of the month, including rest days, Sundays, regular or special days, although he does not regularly work on these days.
DAILY PAID EMPLOYEE refers to one who is paid his wage or salary only on the days he actually worked, except in cases of regular holidays wherein he is paid his wage or salary even if he does not work during those days, provided that he is present or on leave of absence with pay on the working day immediately preceding the regular holiday.
As distinguished from monthly-paid employees who are assured of being paid for every day of the month, the provision of the Labor Code on holiday pay is principally intended to benefit a daily-paid employee who is normally bound by the principle of “no work no pay”. Before the advent of the Labor Code, they are not paid for unworked regular holidays.
We hope that this answers your query.
Please be informed that our opinion on the matter is strictly advisory and may not be invoked in any court of law or before any administrative body.
Thank you for writing.
Legal Service, DOLE
By the way, please note that the opinion contained in the reply is merely “advisory” and, for one reason or another, you may not necessarily agree that it’s correct. Nevertheless, credit must be given where it is due. Congratulations to the DOLE’s electronic portal team.
[Added: Please note that Congress enacted R.A. 9492, rationalizing the celebration of national holidays. See also Double Holiday (9 April 2020), Regular Holiday (10 April 2020, and Special Nonworking Day (11 April 2020: Computation of Holiday Pay.]
Pingback: Computation of pay for holidays: Regular, special non-working, special working at Atty-at-Work
Greetings! I just want to ask if I’m entitled to holiday pay? I’m working as a school/hotel MD. I’m being paid per hourly basis, my contract states that im being paid a retainer fee of P150/hr, 5hours, Monday-Saturday, on no work no-pay basis.However, the school ordered us to go on duty during holidays, typhoons and any fortuitious events but they said that we are not entitled for holiday pay since our contract states that we are being paid on retainer basis of 150/hr; but in our contract it is not stated that we will go on duty even on holidays and said events.Do i have a legal claim on this? More Power and Thank’s!
are newly hired, contractual and/or probationary employees on daily rates entitled to the regular holiday pay? please advise. Thank you.
what if a regular, monthly paid employee files for leave of absence WITHOUT pay before a long holiday(comprised of regular and special non-working holiday) regular holidays shall be paid but will they be covered or exempted from special non- holiday pay? Thanks!
Hi,
My situation is I’m a call center employee working at night and I would like to know If I’m eligible for a holiday pay if it falls the day after my shift starts?
e.g.
I start work at 11pm (Sunday/April5) until 8am the following day (Monday/April6). Am I entitled for the April6 Holdiday pay?
According to the company I’m working for I’m not entitled for the holiday pay since my “shift” started Sunday even though almost almost all of my working hours fall on a holiday.
Regards,
Vinz825
@ kidsmd
Yes, you are entitled to a holiday pay.
@ emil licerio
Yes they are provided that they work on the preceding day before the holiday. Except if there is an existing CBA or agreement between parties.
@ razimatazi
No holiday pay will re paid at any day, even if you are a regular employee. Meaning, even regular holidays will not be paid except if there is existing CBA agreement. Why? Because your leave has no pay.
@ Vinz825
Yes, you are entitled to a holiday pay from 12:00am to 8:00am of April 6 and 11pm to 12:00 Midnight of April 6 as well.
Hi,
I am an I.T. Consultant. My contract was recently renewed to a company I have been with for years now. However, I was told that there will be no holiday pay for me anymore. I am paid every month for a fixed salary. I am considered a Contractor since I am not a regular employee of the company. I don’t have paid leaves too (but this is acceptable because I am a contractor). My daily rate is computed as monthly rate divided by 21.8333. Given this computation, I can tell that I should get paid for holidays.
In my contract, there was no stipulation that I won’t get paid for holidays. They only advised me of this policy verbally.
I have a couple of questions:
1. Is the policy binding even if I was only told verbally and not stipulated in my contract?
2. Can the company legally do that (i.e. not pay me for holidays)? Is it their right?
I hope to hear from you soon.
Many thanks in advance!
hi i am a daily paid employee who is working Mondays to Saturdays. My only rest day is Sunday. What if i worked on my rest day, is there any additional percentage on my salary for that day?
thanks… i learned a lot..
Hello Attorney,
I am a monthly paid and regular employee, Our company just release this policy that the employee is not entitled for a holiday pay if he/she didnt show-up before the day of the regular or legal holiday. The situation is like this, I wasnt able to work before the day of the Legal holiday because I am sick. The President declared Labor day to move this Monday which is May 3, so this means that the legal holiday falls on May 3 (Monday)and Saturday is our regular working day (May 1), this day is our critical working days so either the employee is sick or not, is required to work or if will provide a medical certificate and this day I wasnt able to show-up at work and had called the office. Is there any rule in labor code that if the employee dont work before the day of legal holiday or any holidays is not entitled to get paid? Please give your insights to this I am really confused. Thank you and more powers!
Hello there! I have a query on the computation of holiday pay. I work in a call center company. My friend who also works in a call center told me that if a regular holiday is worked and it falls on his rest day, he will be given +250% on top of his daily rate.
Let’s take this as an example.
My daily rate, say, is Php500.00. Dec 25 is a regular holiday. I worked on that day even if it’s my rest day. Should I be given +250% of my daily rate which is equivalent to Php1,250.00? What if it’s a special holiday, how much would be the pay for the day?
Please clarify as this brings a lot of confusion to everybody.
Your immediate attention is highly appreciate.
Thanks! Happy Holidays!
Good Day!!
Sir, i just to ask if there is an exact standard on how should the salary be counted, because i’m a bit confused with it comes on the counting of salary to be paid.
Ex: my previous company was counting our salary according to the number of days that we have worked enclosed within the period of 1-15 days..
While my current company have what they called “cut off period” where in they counted 15 days continuously (most of the time a week advance and we will get the pay day at the 15th) including Sunday (which is our rest day) Kinda weird and confused.
Pingback: List of Remaining Holidays for 2011 (Starting August) | When In Manila
Hi, I would like to ask if an employee can have a holiday pay when she/he worked less than 8 hours on the day before the holiday? thank you…
Hi,
Just want to ask if the employee can avail the 30 percent rate for special holiday if she/he worked less than 8 hours?
Thank you,
Angelie
Hi, i would like to ask an employee can have a holiday pay when she/he can’t work before holiday? thank you
What if the employee works for 4 hours only during legal holiday, is she entitled to additional 8 hours which makes her salary computed as 12 hours (4+8)? or just 8 hours (4+4) since it is 200% of the daily salary times the number of hours?
Another thing, there is an employee where his restday fall on legal holiday and he gets paid 8 hours during that time, would it be fair to the person who works for 4 hours, spend fare, meals, etc and get paid the same as 8 hours (4+4)? Please enlighten me. thanks.
Hi, I just want to ask if an employee works for 4 hours is he/she entitled for the 30% special holiday pay? how can we compute his/her salary?
as well as on the regular holiday?
Hoping for your response.
Thank you.
Atty.
Last 27 Sept 2011 during the onslaught of Typhoon PEDRING, our Company decided to send the employees home. Question is how will the company pay them specifically the daily paid and the monthly paid employees?
Pls enlighten us on this matter.
actually i am not going to make any reply, i just don’t know where to go because i also have question regarding daily rate computation, I just would like to know how daily rate is being computed having a monthly salary of Php:15,700.00, because what i have learned from our company the daily rate is computed as 15700X12/365=516.16, but i overheard from a discussion working from other company with different computation as follows 15700X12X314=600. the divisor in our company is 365 days (number of days in a year) while other company is 314 days.Please enlighten me on this, thanks!
Greetings. I would just like to ask regarding our holiday pay on our job. I worked as professional at one of the popular hospital in Taguig. We are paid P404.00 a day excluding the P50.00 COLA. On a legal holiday we only received an additional of 10% when we report for work. And on a Special/non-working holiday we recieved an additional of 30%. Is there a different Labor Code for a hospital based employee? And are we getting the right pay for our holiday duty? Thank you very much.
Hi, good afternoon…
i just want to clear something…
I’m working in a private school in Antipolo, during the month of June, we’re asked to come to work for 2 Saturdays ,June 11 (declared holiday by the province of Rizal as ‘Araw ng Lalawigan ng Rizal’) and June 12 (Independence Day) because the day after 12th is the opening of our class so we are required to work for enrolment purpose and making sure that everything’s okay…
Today, June 13, we received our pay for June 15, we only received 4 days overtime pay, can i asked how the overtime for 2 saturdays, june 11 & june 12 are computed?
we’re just wondering how our accountant is computing our overtime pay… she said that we only received 130% for June 12 because the 100% is already paid for our June 15 salary… Saturdays are paid 125%… and June 11 is not a holiday because it’s for Rizal province only…
I hope you can help me with my queries… thank you very much…
hello. actually this is a query. I am receiving a monthly basic pay. should the management deduct from my pay if i am not made to work on special non-working holidays?…it is stated in MEMORANDUM CIRCULAR NO. 01, number 2.1…that if unworked=no pay…does this mean i will be deducted on the special non-working day if the management won’t let me work on that day…..thanks
yes
Good Day Sir, Madam
I am presently working in a call center in Makati.
I would like to ask about the Holiday pay, there was a case
That I came from a rest day like Dec 24, 2011 and I am working
On Dec 25, 2011 and I am in grave shift do I have to be paid as double in this day.
But after receiving my pay slip the company just gives me additional 3hrs paid on this day.
Cause they said that I’ve just work 3 hours on the said day.
This kind of rule or policy of company is unfair for the worker who works in evening shift.
Even we received night differential and we don’t have such privileged in holiday pay.
It is better to work in day shift. Please help us out in this kind of issues.
Thanks & Best Regards
Joel
Is it allowed for the company to deduct the salary of its employee if he/she refuse to attend any events ( like Christmas party)?
SIR,
I AM A DAILY PAID EMPLOYEE, I WILL JUST ASK IS IT TRUE THAT IF I DID NOT REPORT TO WORK BEFORE THE HOLIDAY, I WILL NOT BE ENTITLED FOR THE HOLIDAY PAY? THAT HOLIDAY IS AUGUST 29, WE DONT HAVE WORK THAT DAY.. AND I DID NOT REPORT AUGUST 28.
Hi Sir,
I have the same question with Unonymous. I was just hired Mar 9 2016 and I informed HR that I can’t be available on Mar 23 (Holy Wed) as I am attending a family affair for my daughter’s 18th bday. HR told me I might not get paid for Maundy Thursday and Good Fri because of my leave on Mar 23.
Is it DOLE ruling?
Thank you
Good day! In my understanding, if worked on a special holiday and at the same time restday it is equivalent to 150%, what about if worked, and it’s legal at the same time restday? Appreciate your reply. Thanks in advance.
It will be paid as 260%
Sr/Madame,
In cases of natural calamities, should the management pay the MONTHLY paid employees even they didn’t come for work?
Also, in cases of power outage/ brownout daily paid employees who has already worked 4 hours should be paid full 8 hours?
Best Regards
I would like to inquire if Probationary Agents are entitled to Holiday Pay? How about Trainees?
If a employee just work on a Holiday pay just for 3 hours would that be considered a full double pay?
Hi,
What do you mean by work & unwork?
My daily work is from Monday to Friday. And the local government declared Festival as a special non working holiday. If my salary is 800 per day and this festival falls on Friday and I work on that day, what is the computation or what is my salary on that day?
If i do not work on that declared holiday, no payment?
What do you mean by special non working holiday and special working holiday?
I just wanna know , what is the computation of salary when legal holiday falls on sunday? where employee worked or not.
I just wanna know , what is the computation of salary when legal holiday falls on sunday? where employee worked or not. Hoping for your soonest response. Thank you.
Im a monthly paid employee but when i work on special holiday they only pay me hourly rate is this the rule?
Hi,
what if for example I wasn’t able to report to work on december 23, 2014. would I still get paid during the holiday (december 24,25 and 26, 2014). I was not required by the company to report to work during Philippine holidays.
Thanks
Hi, I would like to ask regarding special non working day pay. Actually we are being paid 100% of basic salary even we did not report to work. What if, I reported to work during special non working day, aside from payment to me 100% for the unworked, will I receive another 100% plus 30% on my basic?
Thanks and regards!
Good day sir,
I just want to ask what if a national holiday and a provincial holiday falls on the same day (ex. Dec 30 – rizal day & dec -30 cityhood holiday or fiesta) how daily paid employees are paid… Thank you very much.. Hope to hear from you soon..
Hi sir/ma’am,
just want to clarify. our company is sometime giving us a two days off. when suddenly my off falls to December 24 (special holiday/no work no pay policy) and December 25 (regular holiday). it is true that even in 25 December i should not get a 100% pay because they told me that under DOLE it stated that we have to report before and after holiday for us to be paid 100%.
i haven’t read that rules.
please help me clear this out.
thank you so much.
yours sincerely,
vanessa
Good Day,I’m a student and I just have a question. It was stated above that if an employee worked 8 hours, he will be entitled with 200% of his daily rate. But, does this necessarily mean he need at least 8 hours of work? What if he worked for half the day or maybe lesser hours than that (e.g. 2 hours), will he still be entitled with the 200% or not? Could it be the management discretion?
I’ve already called DOLE but they gave some shady answer. I hope you’ll give me a clear one. Thank you!
Same question here my boss said that she will not pay our holiday if we work less than 8 hrs. Ayon daw sa batas dapat daw naka work ka ng 8hrs. Semi-month po ako.
Dear Sir,
We work in a GOCC as job orders/ contractuals. As stated in our contract: “that in full consideration of the services to be performed ..” we are paid a specific amount, according to our salary grade per month and “the said remuneration will be paid every 15th and 30th of each month of service”.
When we got our salary for the first half of the month, we were told that two days were deducted because the date of our contract started Jan 5 (start of working days) instead of Jan 1. But the change of date, we were told by HR, was upon the advise of DBM.
We just want some clarification, seems that the principle “no work, no pay” is being enforced here?
Hi atty. I am part of the company’s management team. We have decided to report on a special non working holiday however, during that day, many of our employees are absent. This caused caused delays and many of our bookings were unserved. What is the best way for us to counter this problem? Are there existing disciplinary action that we can serve to our employees?
Hi…sumasahod po kmi every 15th and 30th or 31st of the month. 451/day plus allowance, fixed po na 13 days semi- monthly ang sinasahod namin(less pag absent pero bayad kami ng holiday pag pumatak ng mon-fri)-pasok mo namin is 8am to 6:30pm (ung 1 ½ hour po na sobra everyday eh bayad po namin ng Saturday since Monday to Friday lang po pasok namin. Ang tanong po kasi ng tao namin paano kung nag fall ang holiday/special non working day on Saturday or Sunday? Eh bayad naman namin ung Sat? Do we still have the right to claim for a holiday pay on Saturday? Hope for your response soon.(or can I just have DOLE’s EMAIL add?
Thanks.
what if I am a regular employee and I worked half day on regular holiday.How will I compute my salary for that particular day?
good day! Sir, i am working now as HR. my contract contents of 20k month (including overtime pay if needed) monday to saturday, but my status is probationary. and we have 24 months bonds. here’s the contents of contract… after sing and get training from company, you agreed to bond for twenty four months, incase you resign with twenty four months you agree to pay back 80% your total payroll paid by company.if not pay you agree to accept legal action from company against you…i need for clarifications for this contract sir and if its legal?thank you have a nice day…
good day! Sir, i am working now as HR. my contract contents of 20k month (including overtime pay if needed) monday to saturday, but my status is probationary. and we have 24 months bonds. here’s the contents of contract… after sing and get training from company, you agreed to bond for twenty four months, incase you resign with twenty four months you agree to pay back 80% your total payroll paid by company.if not pay you agree to accept legal action from company against you…i need for clarifications for this contract sir and if its legal?thank you have a nice day…
Is there a holiday pay for supervisors, managers and VPs? Are they entitled to holiday pay? How much is the computation?
Good day po,
My question is, what if:
regular employee: filed and approved for a SIL on Apr 2, 2015 (Maundy Thu), is he entitled for a legal holiday pay? provided he was present Apr 1, 2015..
Good day Sir/Ma’am,
Im from Pampanga currently employed in a BPO company. I just have a question regarding Holiday pay falling on 2nd day off.
Here’s the scenario.
May 1, 2015 is a Legal Holiday (Labor Day) Friday
Working Days Mon, Tue, Wed, Sat, Sun 6am – 3pm.
My rest day is every Thursday and Friday.
If i worked Wednesday which the last day before my 2 days off. Since Thursday is the 1st day of my off and Friday is my 2nd rest day which is Holiday(Labor day).
Am i paid on that said Holiday(Labor day) even if its the 2nd day of my rest day?
Please enligthen me on this, your response will deeply appreciated.
I have the same issue with Darryl.
My supervisor keep telling me that i will not be paid since the Holiday is my off and day before the holiday is also my off. Please enlighten us on this.
More powers.
Good day Sir! Thank you for putting up this post and more power to you.
We pay our family driver following the guidelines on minimum wage ncr and we are trying to figure out how to correctly compute his salary for apr 2, 3, 4 and 9. We normally compute his overtime pay based on basic which now stands at P466.00 and although we also give him his daily cola of P15.00, we do not include this in computing for his OT. This is my understanding of how to compute OT up to now. When DOLE released Labor Advisory No. 18 Series of 2015, it says at 1.1 “If employee did not work, he/she shall be paid 100% of his/her salary for that day [(Daily rate + COLA) X 100%].” May I ask for clarification if this means OT at least for Apr 2, 3, 4 and 9 is computed based on (P466 basic + P15 cola) and not the P466.00 only?
Good Day!
I just to know if it is right that we are not paid one day in a work?We are nightshift that time and management declared no work for whatever reason. That day was Saturday and dayshift has work but selected only, meaning production was not fully working. Management said, to be fair we will not pay you because some monthly paid employees worked in dayshift schedule..
Thanks!
Hi,
I just want to know if before or after is the entitlement for legal holiday.
Thank you.
Good afternoon, my question is we have local holiday tomorrow and our school is telling us to come tomorrow, if we don’t want to attend because it is a local holiday are we dedecuted with our salary?
I am a contractual employee. Are we entitled to be paid during the Eid’l Fittr?
Hoping to get answers from you.
Sir/Madam,
When can an employee be given a vacation leave and sick leave? Thank you very much.
Hi can i ask.,if the employee is 6 to 7 person only and the employer said no work no pay it is right not give the daily wage on regular holiday? This is a private company and we didn’t receive a daily wage when regular holiday,he said no work no pay
Appreciate your answer thank you
HI Atty. just want to clarify if there is such ruling that says that an employee is not allowed to file leave of absence before or after a given legal or special holiday.
would appreciate your reply thanks and God bless.
Hi, I’m currently a technical support representative in a bpo company. I was advised about the ” no work no pay policy ” here in our company. And upon reading the article above, it is clearly mentioned that if the employee was on rest day there should be still a 100% pay. I am confused. Before doing an act here in our company, I just want to ask if bpo company should follow this policy?
I am confused of computing the Holiday pay on regular Holiday .
What should be the correct computation for this scenario:
“A daily paid employee is working on a regular holiday for 4 hours only;
then my computation will be the amount of his 4 hrs. work x 200%.
But the employee insisted that he has to be paid for 1 day as his regular holiday pay + the 4 hrs worked x 200%.
Please we need to clarify who computed correctly with regards to this scenario.
thank you.
hi…may i ask if it is right that an employee must be present the day before a regular holiday for an employee to get paid for that holiday…ex…. December 25 is a regular holiday and we will not report for work, will the company pay us even if we did not work the day before that which is Dec. 24? we were told that you will only get paid for holidays if you are present on the day before a declared holiday. Thank you.
SCENARIO:
On December 23, the employee was not able to go to work. The company decided not to have schedules on Dec 24 and 25.
Is it legal to deduct the employees salary for the 24th and the 25th?
I am a monthly paid employee. If I worked for 4 hours on a regular holiday (say Dec 30), how much shall I received for said overtime?? Can you please provide illustration for my OT pay??
Thank you very much.
hi …i’m a monthly paid employee.and my salary computed a basic 500 peso per day….my question ..it is right that if i am present of work during legal holiday my company computed my salary like a 3 times a day? = 1500 8 hours on that day sir? and it was computed by our previous HR… now my new hr computed basic 500 plus 500 holiday pay. please help me atty… alin po ba ang tama dito. thank you very much god bless ..
Just a inquiry I am a reliever physician ask to go on duty on a holiday, am i entitled with a holiday ? I yes what in DOLE rules states that? Thank you
Gud am,
I just want to know. We have daily paid employee. working on a compressed schedule 7 am to 5 pm. Legal Holiday fall on a sat. Are they paid one day?
Second scenario, We have daily paid employee. working on a compressed schedule 7 am to 5 pm. Legal Holiday fall on aSUNDAY Are they paid one day?
PLEAse revert back to me. in need of assistance.
i just want to ask about regular holidays
what if regular holiday like may 1, 2016 labor day
and it falls to Sunday and at the same time it is my schedule day off.
please let me know?thanks you.
We are monthly paid employees.Our company deducted additional 1/2 day to our salary for the reason we went 1/2 day on Saturday June 11,2016 the day before Sunday (rest day) which is also a holiday (Independence Day).The reason for our half day leave is we were given an overnight excursion in Zambales by our management which we enjoy every year.When we clarify this issue to the one assigned in payroll,she just reasoned out that we were half day on the day that preceded the holiday which is our rest day.In addition to our query, if we were deducted 1/2 day to our salary, where is the other half-day payment on holiday pay?
We hope you can enlighten us on the above issue.More power to your department.
Hi Sir / Madam,
May I ask if it is a special non working holiday (like Quezon City Day), for salary computation of a field agent based in Q.C., is it our right to receive an additional 30% based on our salary? Or is there a possibility of not receiving the 30% more because it still depends if the company has less than 20 personnel, like a small company?
where can I find the provisions stating that you should be present the day before holiday for you to get your holiday pay on the day of holiday itself? thank you!
I would like to inquire if employees may file vacation leave or sick leave on special non-working holiday?
Thank you.
I was hired as a Financial Consultant for BF Corporation at the outset and later given an additional assignment as the Accountant of a joint venture project in a BLT agreement with the National Government PPP project for the School Infrastructure Project through the DepED and was required to work even on Saturdays although my contract does not include work on Saturdays in my desire to be of service to the BF Goup of Companies from 2012 to 2014 and was being paid even on Spcial and Official Public Holidays since I am a monthly paid employee. Our dailky rate is computed as follows: Monthly Salary divided by 26 days equals our daily rate. when the company decided to open up an office in Mamplasan, Binan, Laguna I was re assigned as the Administrative Manager of InfraMachineries Corporation which is 90% owned by the BF Group of Companies with The Trinidad family owning the other 10%. Since this is a full time job as compared to a regular financial consultant, I was later on designated to be the Administrative Director in charge of Admin operations in IMC Mamplasan office. Later on the Parts Department which include Parts Inventory and Sales with Full authority over Admin, Parts and Finance. I requested then that I be transferred under the payroll of Inframachineries Corp considering that my new and expanded assignment requires my full time except on Saturdays, and Holidays which was not granted. Since then, I enjoyed my full monthly salary even during holidays. Lately however, when I signified my intention not to renew my contract which expires Nov. 30, 2016, situation became different. Last October 31, 2016 a declared holiday, I was not paid for October 31, 2016 since the Payroll Staff/Secretary to the Executive Director said am not entitled to the pay since I did not report for work on that day, a holiday, which am challenging hence this formal complaint and inquiry. What’s is the real or correct basis for entitlement to special public and official holidays. Isnt not that the basis should be as expounded by DOLE should be whether your are paid on a monthly basis or daily basis referring to DOLE’s explanation under Section 2 for declared special days such as Special Public Holiday/Special National Holiday of Nenoru=andum Circular No. 01 dated March 8, 2004 as published under Computation of Payu for Holidays: Regular, Spacial NOn Working, and Special working holidays by Atty. Fred July 28, 2016 which Am attaching herewith for your reference. In addition, may I also cite the definitions of Computation of wages which I quote hereunder:
The salaries and wages of your employees depend on whether you pay them on a monthly or daily basis.
Monthly paid employees are those whom you pay every day of the m onth, including unworked rest days and special days and regular holidays.
Daily paid employees are those whom you pay for days actually worked and unworked regular holidays.
Thank you for your earliest reply to this query. Am doing this in representation of other consultants in our organization who are treated the way am treated. Rolando E. Josef, Admini Director, Inframachineries Corporation. May I also asked are consultants assigned to perform a regular job enttiled to a bonus or 13th month pay? Thank you.
Hi ,
My question is that is the 25th of December a paid holiday. We work on an hourly basis, from Mon-Fridays.
We are not working on the 25th, are we entitled to be paid on that day??
Hi,
I have a query, Dec 23, 2016 -half day po sa work, how much holiday pay should a monthly employee get on holidays Dec 24, 25 & 26 which is Dec 24 & 26 special holiday.
Thanks
Hi, i am a monthly-paid employee. If a legal holiday falls on sunday, am i entitled for an additional 100%?
I just wanna know for fixed rate monthly if special non working holiday and special holiday it still considered with pay even if it not work?Thank You.
what are the basis to have a holiday pay? because in our company our basis to have a regular holiday is you must be present before and after the holiday. or you must only be present before the regular holiday? because most of my other co-workers are confused. thank you.
hi po.
I work 5/days a week with 14000 monthly basic salary according to my contract. Payroll comes every 14 days. The company uses the factor 23.75 in computing my daily rate. It follows that I’m paid on one Saturday per cut off and not paid on the other Saturday and all Sundays. Am i considered a monthly paid or a daily paid employee?
I would like to know if weekends and holidays dont count as part of suspension schedule for one of our employee, if she will be suspended for 7 days. thank you!
Hi, Do you have sample figures for an employee working on a regular holiday which falls on his rest day?
Numerical figures will really be helpful.
Thank you.
Hi! I would like to know how to treat Special Non-Working Holidays, considering many recent declarations by the government. For employees whose salaries are based on a 22-day per month computation, with M-F workdays and with Sat-Sun days off, how much should they get paid if they are asked to work on Special Non-Working Holidays? And if they don’t report for work, are they still paid for those days? I heard from some parties that since they are not monthly paid employees, then no work-no pay applies. Please clarify.
Good day!
May I just confirm if Probationary Contract Employee won’t be paid if he/she is on leave before special or regular holiday?
Thank you
hello. Just want to ask regarding the terms of payment for the legal holiday. If the employee have a duty before holiday while after holiday he/she doesn’t have duty. Is he/she will be paid for legal holiday?
Thank you and God bless.
I would like to ask if regular holidays and special non-working holidays are part of 13th month pay computation?
hello po. Regular employee poh ako, monthly po ang salary ko, mababawasan po ba ang sahod ko dahil hindi ako pumasok during special holiday? Kasali po ba ako sa no work no pay rule?
Thank you
I am a monthly paid employee, whose salary computation is Monthly Rate / 365 days (in order to determine the daily rate). Last Nov 13-15,2 017, Pres. Duterte, declared these days a special non-working day. My company advised me that no salary will be paid to me during these days. Is this a correct procedure? I find it unfair, if this is the case, then I should’ve worked during these days. Please advise. Thanks
Hi! I just want to ask, if the employee reported to work on a special non working holiday but was absent on the following day after the holiday, does he still entitled to the addl 30% ? Thank you so much
Hi Good day!
What is the computation when an employee filed half day sick leave on a special holiday? Is he/she entitled to 30% or just half of it? For clarification. Thank you!
I AM A MONTHLY PAID AND REGULAR EMPLOYEE, IM JUST ASKING IF IM NOT ENTITLED FOR HOLIDAY PAY IF IM ABSENT BEFORE AND AFTER THE SAID HOLIDAY SPECIALLY THIS COMING DEC. 30 AND JAN. 1. IM NOT YET ENTITLED FOR LEAVE.
Hi, did you receive a response regarding this? I was the same inquiry. 🙂 Thanks.
I would just like to inquire if a monthly paid employee should be deducted for holiday pay if he/she did not report to work prior to the holiday. (Ex. December 30 is a holiday and the employee failed to report to work on December 29.)
I just wanna know if below 10 workers we cant avail double pay on working holidays?
Thank you.
Good Day,
Does a monthly paid contract personnel does not have the right to claim salary for the regular
holidays that he/she was unable to work on? otherwise the monthly salary will be deducted right?
Daily paid employee with schedule on Dec 31, 2017 (special non-working holiday) but absent. Though said employee render work on Dec 29, 2017 and got paid Holiday on Dec 30, 2017. Is he entitled for holiday pay on January 1, 2018.
I’m working in a call center.I filed a vacation leave wiith pto credits (approved) last good friday which is a regular holiday.should I receive the holiday premium plus the 8 hours pto credits that I filed? Thanks in advance
Hi,
I am a regular employee. Our HR informed us that they will only pay our national holidays or declared special non- working holidays if we report for work before and after. Saturday and Sunday is my rest day. and the holiday fall on Monday. So they urged me to come to work on Friday. Ever since that I worked in big famous companies, it was not like that. All I know is if it fall Sunday, I must report to work Tuesday. I did not know that I have to come before and after. Like the last time, the election that fall on Monday, They said I have to report on Friday and Tuesday. Will you please give me the correct answer please because I know it is not like that. Thank you
hi sir, good day.. my question is, what if i was able to absent on the day prior to holiday .. is there any possibility that i can render my holiday pay or not??
thank you..
Hi,
For special non working holidays, our standing policy is “No work – No Pay”.
Now, what about those Monthly-paid employees, are they entitled to receive pay on special non working holidays even if they did not report to work?
Rose
Hi,
I just want to ask. What if an employee gets SIL a day before holiday with pay. Does her holiday won’t get paid because the employee got SIL a day before holiday? The finance said that it is written/rule in DOLE. Thank you so much for responding.
Good day
I’m working in a call center company and the company is not paying holiday if the holiday falls on your day off, I ask them regarding on this and they show me the dole hand bank, they told me that since they’re using the computation to get our hourly rate we will not be pay if the holiday falls on our off, please advice us if this is legal and accordance with the law.
3. For those who do not work and are not considered paid on Saturdays and Sundays or rest days
Applicable Daily Rate (ADR) x 261u = EEMR 12 months
Where 261 days/year = 246 ordinary working days 12 regular holidays 3 special days (if considered paid; if actually worked, this is equivalent to 3.9 days) 261 Total equivalent no. of days/year
(Here’s the link : 2016 Revised Handbook)
Hi Sir Good Day,
I was hired with a monthly salary, our client has a schedule of monday – saturday. But one time, our client close the saturday. So we have no work on that day because client suggest it. I was concerned because when i have may payslip i was deducted one day. I was expecting that i should not deducted because it was a monthly rate scheme.
Thanks,
Phillip
Hi Phillip, I suggest you clear it with your HR. Good luck.
Tanong ko lang po may bayad ba kong hindi ako pumasuk noong november 1and 2 regular employe po ako…
Good day. Are Muslim Holidays mentioned in PD 1083 considered regular holiday 100% or special 30%?
Pano pag naka leave ako ng december 24 and 31, double pay pa rin ba makukuha sa december 25 and January 1?
Hi what if Employee paid as monthly-paid employee if she/he can be paid for holiday days if she/he worked for that day?
Goodmorning,
I am currently looking for possible answer on my concern on our payroll at website of DOLE but I cannot find one. There no any circular also to clarify and be the basis that is why I came here to ask for assistance or help and clarify things. Below is the scenario:
– Monthly Paid employee’s – we are using 365 payroll divisor
– An employee worked on Regular Holiday (December 25, 2018) and Special Holiday (December 24, 2018)
– The employee has a tardiness of 5 minutes each day
Question:
1. Is the employee entitled for 8 hours Holiday premium pay and the tardiness will be deducted to basic/regular day or the Holiday Premium pay should be deducted and not the basic/regular day?
On my understanding if the above is the case, only the Holiday Premium should be deducted since the employee is on a monthly basis and considered paid whether he/she reported for work on not.
Please enlighten me or atleast case some labor cases or any circular and/or written confirmation on this. It will be a great help.
Thank you.
Good day,
I have a query regarding on the policy how to pay an employee if he/she is absent before or after the regular holiday or special holiday, are he/she entitle for the that day? Are salary is disburse weekly and we are daily basis rate. Hoping for your response. Thank you. God Bless
Hi My ask if the regular holidays falls in sunday the monthly rate will be paid ?
Thank you,
Renajane
May i know if I my legal holiday will be paid if the preceding day is declared as special non working holiday and i am not required to work on the said special non working holiday
hi good day! monthly paid po ako, ask ko lang kapag d kaba pumasok ng before special non-working holiday d ka makaavail ng isang araw na sahod? anu po ba ang condition for entitlement sa mga monthly paid pagdating sa special non working holiday? Thank you.
Ano po ba ibig sabihin ng before and after pagholiday. Dapt ba pumasok ako before and after the holiday para mabayaran Ang holiday. Salamat po
hi!
if the employee is absent for half day the day preceding the regular holiday (not credited leave) will he/she be still entitled of the regular holiday pay?
thanks!
Pingback: Labor Advisory No. 5, series of 2019: Payment of Wages for the Regular Holidays on April 9, 18 and 19, 2019 and Special (Non-working) Day on April 20, 2019 (full text) | Philippine e-Legal Forum
2. If it is an employee’s rest day
* If unworked – 100%
* If worked
1st 8 hours – plus 30% of 200% <— 200% PLUS 30% of 200% ? please clarify
excess of 8 hours – plus 30% of hourly rate on said day
Monthly po ako..pag holiday hindi nila ako pinapapasok.yung monthly na sahod ko yun lang po ba ang byad sa akin?wala po bang byad ang holiday ko…
Hi just asking.
A friend of mine wanted to clarify. Because last June 12 is legal holiday. June 11 is her rest day the. She went to work on June 12 which is Legal holiday. But, when the salary went out there is no paid out on holiday as double. As per the agency because she didnt go for work before June 12. But, it is her Rest day.
Hope to hear from you soon.
Thanks
May i inquire if an employee worked HALF DAY on a special holiday.. is he/she entitled to the premium? Both in lieu of the special holiday (30%) and rest day (50%). Thanks
i’m a monthly basis employee & if i not work on special holiday i’ll get paid. my question is if i work on special holiday how i got paid, same as daily basis plus 30 percent or not?
IS AN EMPLOYEE ENTITLED TO ANOTHER DAY OFF IF A PUBLIC HOLIDAY FALLS ON A REST DAY OR NON-WORKING DAY?
Just need some clarification about the monthly paid employees.
I’m a monthly paid employee and employer refused to pay our November 2, 2019 because of no work no pay policy which is applied for daily paid employee. She was asking a proof from DOLE for the monthly paid employee that an employer must pay the day that falls on holiday even if the employee is NO WORK.
Hi po monthly paid employee po.. Pano po ang computation sa holiday ng april 9 at 10?
Hi Malou. Please read this: https://pnl-law.com/blog/double-holiday-araw-ng-kagitingan-on-april-9-good-friday-on-april-10-and-special-nonworking-day-on-april-11-labor-advisory-no-13/
Does this mean you get extra day in ones pay if you’re monthly paid employee for apr 9 holiday or your pay doesn’t change e.g. your getting 4k every 10th and 25th it will remain as it is.
thank you.
Good day.
For monthly paid employee, how do you compute for the recent double holiday April 9?
Thank you.
Kind Regards,
Jerone
Hi Jerone. There is a separate discussion for this. Read this: https://pnl-law.com/blog/double-holiday-araw-ng-kagitingan-on-april-9-good-friday-on-april-10-and-special-nonworking-day-on-april-11-labor-advisory-no-13/
Pingback: Eid'l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009 » Philippine e-Legal Forum