DOLE issues holiday pay rules

CEBU, Philippines — The Department of Labor and Employment has issued the payment of wages for the special (non-working) days on October 30, November 1 and 2, and regular holiday on November 27, 2023.

This is in pursuant to Proclamation No. 42, series of 2022, as amended by Proclamation No. 90 series of 2022, and Proclamation No. 359, series of 2023 wherein the following pay rules shall apply:

1.  Special (non-working) days - October 30, 2023 (Barangay and Sangguniang Kabataan Elections), November 1, 2023 (All Saints' Day), and November 2, 2023 (additional special [non-working] day):

1.1 If the employee does 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;

1.2 For work done during the special day, the employer shall pay the employee an additional 30% of the basic wage on the first eight hours of work (basic wage x 130%);

1.3 For work done in excess of eight hours, the employer shall pay the employee an additional 30% of the hourly rate on said day (hourly rate of the basic wage x 130% × 130% x number of hours worked);

1.4 For work done during the special day that also falls on the employees rest day, the employer shall pay the employee an additional 50% of the basic wage on the first eight hours of work (basic wage x 150%); and

1.5 For work done in excess of eight hours during the special day that also falls on the employee's rest day, the employer shall pay the employee an additional 30% of the hourly rate on said day (hourly rate of the basic wage x 150% x 130% x number of hours worked.

2.  For regular holiday - November 27, 2023 (Bonifacio Day), the following pay rules shall apply:

2.1 If the employee does not work, the employer shall pay 100% of the employee's wage for that day, provided that the employee reports to work or is on leave of absence with pay on the day immediately preceding the regular holiday. Where the day immediately preceding the regular holiday is a non-working day in the establishment or the scheduled rest day of the employee, he or she shall be entitled to holiday pay if the employee reports to work or is on leave of absence with pay on the day immediately preceding the non-working day or rest day (basic wage x 100%);

2.2 For work done during the regular holiday, the employer shall pay a total of 200% of the employee's wage for that day for the first eight hours (basic wage × 200%);

2.3 For work done in excess of eight hours, the employer shall pay the employee an additional 30% of the hourly rate on said day (Hourly rate of the basic wage × 200% x 130% × number of hours worked;

2.4 For work done during a regular holiday that also falls on the employee's rest day, the employer shall pay the employee an additional 30% of the basic wage of 200% (basic wage × 200% × 130%); and

2.5 For work done in excess of eight hours during a regular holiday that also falls on the employee's rest day, the employer shall pay the employee an additional 30% of the hourly rate on said day (hourly rate of the basic wage x 200% × 130% × 130% x number of hours worked).

3. Ordinary working day - November 30, 2023, the following pay rules shall apply:

3.1 It shall be considered as an ordinary working day for purposes of payment of wage and wage-related benefits;

3.2 For work done during an ordinary working day, the employer shall pay 100% of the employee's wage for that day for the first eight hours (basic wage × 100%); and

3.3 For work done in excess of eight hours, the employer shall pay the employee an additional 25% of the hourly rate on said day (hourly rate of the basic wage x 125% × number of hours worked). — (FREEMAN)