Pinoy How To...

Happy Holidays!

If most of offices will be closed from December 24, 2011 onwards due to Christmas and New Year celebration then watch-out for your leave credits. Based on Proclamation No. 84 and Proclamation No. 295 signed by Pres. Noynoy Aquino, December 24, 2011, December 26, 2011 and January 2, 2012 are NOT declared holidays by Malacanang.

For those who are working during holidays please be guided by Department of Labor and Employment (DOLE) pay rules.

(a) If the holiday falls on an employee’s regular workday:

If the day is worked, the employee is entitled to 200 percent of his basic wage on the first eight (8) hours and, for work in excess of the 8 hours, to an additional 30 percent of his or her hourly rate.

But if unworked, the employee is entitled to 100 percent of the regular daily rate, provided he was present, or was on leave with pay, on the workday immediately preceding the holiday.



(b) If the day is the employee’s rest day:

The Labor Code, specifically Article 93, requires compensation for rest day, and while it ensures the rest period for the workers, it provides under Article 92 that the employer may require his employees to work on any day if the nature of the work requires continuous operations, alongside other conditions.

If the day is worked, the employee is entitled, on the first eight (8) hours, to 200 percent of his daily rate plus 30 percent of the said rate or a total of 260% for the first eight hours. In excess of 8 hours, plus 30 percent of his hourly rate on said day. But if unworked, the employee is entitled to 100 percent of his regular daily rate, provided he was present, or was on leave with pay, on the workday immediately preceding the holiday.



(c) Finally, in case the day immediately preceding the holiday is a non-work day in the establishment, or is the scheduled rest day of the employee, the employee shall not be deemed on leave of absence on that day, in which case he shall be entitled to the holiday pay.