An October 22, 2012 press release from the Department of Labor and Employment
The Department of Labor and Employment yesterday issued Labor Advisory No. 03, Series of 2012, promulgating the pay rules applicable for Friday, October 26 and Friday, November 30 as regular holidays, and Thursday, November 1 and Friday, November 2, 2012 as special non-working days.
“Pursuant to Proclamation Nos. 295 and 488 issued by President Benigno S. Aquino III on November 24, 2011 and October 9, 2012, respectively, the following rules for pay on regular holidays on October 26 and November 30 and special days on November 1 and 2, 2012 shall apply,” said Labor and Employment Secretary Rosalinda Dimapilis-Baldoz in issuing Labor Advisory No. 3.
The rules, based on the advisory, are as follows:
1. Regular Holidays: October 26 and November 30, 2012
1.1 If the employee did not work, he/she shall be paid 100% of his/her salary for that day [Daily Rate + COLA] x 100%;
1.2 If the employee worked, he/she shall be paid 200% of his/her regular salary for that day for the first eight hours [Daily Rate + COLA] x 200%;
1.3 If the employee worked 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 x 200% x130% x Number of hours worked];
1.4 If the employee worked during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her daily rate of 200% [(Daily Rate + COLA) x 200%] + [30% Daily Rate x 200%; and
1.5 If the employee worked in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day(Hourly Rate x 200% x 130% x Number of hours worked).
2. Special (Non-working) Days: November 1 and 2, 2012
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 agreement (CBA) granting payment on a special day;
2.2 If the employee worked, he/she shall be paid an additional 30% of hi/her daily rate on the first eight hours of work (Daily Rate 130%);
2.3 If the employee worked 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 x 130% x 130 % x Number of hours worked);
2.4 If the employee worked during a special day that also falls on his/her rest day, he/she shall be paid an additional 50% of his/her daily rate on the first eight hours of work (Daily Rate x 150%); and
2.5 If the employee worked in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day(Hourly Rate x 150% x 130% x Number of hours worked).
