DOLE allows firms to defer giving holiday pay for Holy Week

MANILA, Philippines – The Department of Labor and Employment (DOLE) allowed employers to defer giving holiday pay during Holy Week, as the country faces the coronavirus crisis.

"On the account of the existence of a national emergency, employers are allowed to defer payment of holiday pay on April 9, 10, and 11, 2020…until such time that the present emergency situation has...abated and the normal operations of the establishment [are] in place," Labor Secretary Silvestre Bello III said in Labor Advisory 13-A, issued on Wednesday, April 1.

Bello said establishments that have closed during the lockdown are exempted from the rule.

Araw ng Kagitingan (Day of Valor) and Maundy Thursday both fall on April 9, while Good Friday is on April 10. Both days are regular holidays. (READ: LIST: Philippine holidays 2020)

Black Saturday, April 11, is a special non-working holiday. 

How much holiday pay should employees receive? Under the DOLE advisory, there are different payment rules on the 3 days:

April 9

An employee who did not work on April 9 should be paid 200% 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" began on March 17. The computation here is basic wage + cost-of-living allowance (COLA), multiplied by 200%.

If the employee worked on April 9, then he or she should be paid thrice their daily wage for the first 8 hours. It should follow the computation of (basic wage + COLA) x 300%.

For overtime work, employees should be paid an additional 30% of the hourly rate. DOLE's computation on this is: hourly rate of the basic wage x 300% x 130% x 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% of his or her tripled basic wage. The total pay should be: [(basic wage + COLA) x 300%] + [30% of (basic wage x 30)].

If the overtime work on April 9 falls on an employee's rest day, then the computation should include an additional 30% of his or her rate that day: hourly rate of the basic wage x 300% x 130% x 130% x number of hours worked.

April 10

If the employee did not work, 100% 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, the day before the "enhanced community quarantine" began on March 17.

If the employee worked, he or she shall be paid 200% of his or her regular salary for that day for the first 8 hours. This is computed as: basic wage + COLA x 200%.

For overtime over 8 hours, employees should be paid an additional 30% of their hourly rate. This is computed as: hourly rate of the basic wage x 200% x 130% x 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% of their daily rate of 200%. This is computed as: [(basic wage + COLA) x 200%] + [30% (basic wage x 200%)].

For overtime in this scenario, workers should be paid an additional 30% of their hourly rate that day. DOLE's computation for this is: hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked.

April 11

If the employee did not work, the "no work, no pay" principle will apply unless a company policy, practice, or collective bargaining agreement is in place which grants payments for special holidays.

For work done on the special holiday, workers should be paid an additional 30% of daily wages for the first 8 hours of work.

For work done after 8 hours, workers should be paid an additional 30% of hourly rates. DOLE's computation is: hourly rate of the basic wage x 130% x 130% x 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% of his or her daily wage for the first 8 hours of work. DOLE computes this as: basic wage x 150% + COLA.

For overtime in this scenario, workers should be paid an additional 30% of their hourly rate. This is computed as: hourly rate of the basic wage x 150% x 130% x number of hours worked. – Rappler.com

Aika Rey

Aika Rey covers the Philippine Senate for Rappler. Before writing about politicians, she covered budget, labor, and transportation issues.

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