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DOLE issues pay rules for holidays in November

The Department of Labor and Employment (DOLE) has reminded employers to abide by the pay rules for five upcoming holidays this November, starting with the All Saints' weekend.

The holidays include All Saints' Day [Nov. 1], All Souls' Day [Nov. 2[, Eid'l Adha [Nov. 27 and 28] and Bonifacio Day on Nov. 30.

All Saints' and All Souls' Days are special non-working days while Eid'l Adha is a national holiday. Bonifacio Day is a regular holiday.

For November 1 and 2, the pay rules for special non-working days apply as follows:

* If worked, the employee is entitled to 130 percent of his [or her] daily rate for the first 8 hours, and to an additional 30 percent of his or her hourly rate on the said day for work performed in excess of 8 hours;

* If unworked, he or she is not entitled to any payment, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment for special days even if not worked;

* If worked and falling on the employee's rest day, the employee is entitled for the first 8 hours to 150 percent of his or her regular daily rate, and for work performed in excess of 8 hours, plus 30 percent of his or her hourly rate on the said day.

For the November 27 and 28 (Eid'l Adha), and November 30, 2009 (Bonifacio Day), the pay rules for regular holidays apply as follows:

* If the holiday falls on an employee's regular workday and if it is worked, [the employee] is entitled to 200 percent of his [or her] basic wage for 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 on the said day;

* If unworked, the employee is entitled to 100 percent of his or her regular daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.

* If the day is the employee's rest day and it is worked, the employee is entitled, for the first 8 hours, to 200 percent of his or her daily rate plus 30 percent and, for work in excess of 8 hours, plus 30 percent of his or her hourly rate on the said day.

* If unworked, the employee is entitled to 100 percent of his or her regular daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.

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

The DOLE said employers may make clarifications regarding the pay rules with its Bureau of Working Conditions (BWC) at tel. no. 527-3000 local 301. -GMANews.TV
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