'No work, no pay’ policy on December 26

 MANILA, Philippines — The Department of Labor and Employment (DOLE) has issued the pay rules for the declared holidays on Dec. 24, 25 and 26.

Under DOLE’s existing pay rules, different policies shall be in effect for Dec. 24 which is a special working day, Dec. 25 which is a regular holiday and Dec. 26 which is a special non-working day.

For work performed on a declared special working day, like Dec. 24, an employee is entitled only to his/her daily wage.

“No premium pay is required since work performed on said day is considered work on an ordinary working day,” said DOLE.

As to work performed on Dec. 25, the DOLE said the employee shall be paid a total of 200 percent of his/her wage for that day for the first eight hours and an additional 30 percent of his/her hourly rate for overtime work.

If work is done during a regular holiday that also falls on worker’s rest day, he/she shall be paid an additional 30 percent of basic wage of 200 percent and an additional 30 percent of hourly rate on that day for overtime work.

DOLE added, “If the employee did not work, he/she shall be paid 100 percent of his/her wage for that day.”

For work done on Dec. 26, DOLE said the worker shall be paid an additional 30 percent of his/her basic wage on the first eight hours of work and an additional 30 percent of hourly rate on that day for overtime work.

For work done during a special non-working day that also falls on employee’s rest day, he/she shall be paid an additional 50 percent of basic wage on the first eight hours of work and an additional 30 percent of hourly rate for overtime work.

However, 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 granting payment on a special non-working day.

Proclamation No. 1236 declared Dec. 24 (Christmas Eve) as a special working day, while Dec. 25 (Christmas Day) is a regular holiday.

Proclamation No. 115 declared Dec. 26 (day after Christmas) as a special non-working day.

The DOLE suspended work in all its offices effective 12 p.m. yesterday.

In a memorandum to all heads of offices, services, bureaus, regional offices and attached agencies, Labor Secretary Bienvenido Laguesma said the suspension “will give the officials and employees the full opportunity to celebrate the holidays with their families and loved ones.”

The memo added, “This is provided that the delivery of key frontline services, as identified by the head of office, remains unhampered.”

Meanwhile, Laguesma has urged employees who were not able to get their 13th month pay today to file a complaint against their erring employers at the nearest DOLE office.

“They can go to the nearest DOLE office to file their reports or complaints. They can also simply ask for assistance, and not necessarily file a complaint,” Laguesma said in a radio interview yesterday.

He added that those who are worried that their employers may get back at them can do it anonymously.

“They can ask for help from DOLE and we can simply conduct an inspection of the establishment,” Laguesma said.