Deferment and Exemptions of Holiday Pay Due to National Emergency: Labor Advisory No. 13-A

[The Department of Labor and Employment (DOLE) earlier issued Labor Advisory No. 13 (full text), providing for guidelines on the payment of the double holiday pay on 9 April 2020 (Araw ng Kagitingan and Holy Thursday), regular holiday on 10 April 2020 (Good Friday) and special nonworking day on 11 April 2020. In a subsequent advisory, however, the Labor Secretary ordered the deferment of the payment of holiday pay and exempted certain companies by reason of the lockdown (added: ECQ effectively extended to 30 April 2020, per Memorandum dated 7 April 2020; further extended to May 15 for high-risk areas). The complete text of Labor Advisory No. 13-A is reproduced below.]

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LABOR ADVISORY NO. 13-A (series of 2020)

DEFERMENT OF PAYMENT OF HOLIDAY PAY FOR THE APRIL 2020 HOLIDAYS

In view of the existence of a national emergency arising from the Coronavirus Disease 2019 (COVID-19) situation, and pursuant to Articles 5 of the Labor Code, as amended, in relation to Labor Advisory No. 13, Series of 2020, this advisory is hereby issued for the guidance of all concerned:

On account of the existence of a national emergency as aforementioned, employers are allowed to defer payment of holiday pay on April 9, 10 and 11, 2020, as may be applicable, pursuant to Labor Advisory No. 13, Series of 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 operation during the enhanced community quarantine period are exempt from the payment of the holiday pay under Labor Advisory No. 13, Series of 2020.

Be guided accordingly. 

SILVESTRE H. BELLO III, Secretary

01 April 2020

P&L Law

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