LABOR ADVISORY 05
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
Pursuant to Proclamation No. 555 issued by President Rodrigo Roa Duterte on August 15, 2018, the following rules for pay on regular holidays and special (non-working) days shall apply:
1.Regular Holidays on April 9 (Araw ng Kagitingan), 18 (Maundy Thursday) and 19 (Good Friday), 2019
1.1. If the employee did not work, he/she shall be paid 100% of his/her wage for that day, subject to certain conditions under the implementing rules and regulations [(Basic wage + COLA) x 100%];
1.2. For work done during the regular holiday, the employee shall be paid an additional paid 200% of his/her wage for that day for the first eight hours [(Basic wage + COLA) x 200%]1;
1.3. 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 for the basic wage x 200% x 130% x number of hours worked];
1.4. For work done during the regular holiday that also fails 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
1.5. For work done in excess of eight hours (overtime work) during the regular holiday that also fails 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).
2. Special (Non-working) Day on April 20 (Black Saturday), 2019.
2.1. If the employee did not work, the “no work, no pay” principle shall apply unless there is a favorable company policy, practice or collective bargaining (CBA) granting payment on a special day;
2.2. For work done during the special day, he/she shall be paid an additional 30% of his/her basic wage on the first eight hours of work {(Basic wage x 130%) + COLA];
2.3. 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 130% x 130% x number of hours worked);
2.4. For work done during the special day that also falls on his/her rest day, he/she shall be paid an additional 50% of his/her basic wage on the first eight hours of work [(Basic wage x 150%) + COLA]; and
2.5. For work done in excess of eight hours (overtime work) during the special day that also falls on his/her rest day, he she shall be paid an additional 30% of his/her hourly rate on aid day (Hourly rate of the basic wage x 150% x 130% x number of hours worked)
Be guided accordingly.
08 April 2019
[1] Cost of Living Allowance (COLA) is included in the computation of holiday pay
[N.B. This Advisory simply echoes the previous ones issued by the DOLE, including Memorandum Circular No. 01, series of 2004.]
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