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Employers reminded to comply with pay rules for Holy Week
Labor officials reminded employers Monday to comply with the pay rules for the holidays this Holy Week and on Araw ng Kagitingan on April 9. April 1 (Maundy Thursday) and 2 (Good Friday) are regular holidays while April 3 (Black Saturday) is a nationwide special non-working day, the Department of Labor and Employment (DOLE) said. "Presidential Proclamation No. 1841, issued earlier on July 21, 2009, had affirmed the regular holidays on April 1 and 2, and April 9, 2010," the Labor Department said on its website. It added Proclamation No. 2029, signed by Executive Secretary Leandro Mendoza last March 24, declared April 3 a special (non-working) day. Proclamation 2029 aims to give people "the full and uninterrupted opportunity to ponder on the significance of the Holy Week and to properly observe its traditions… without prejudice to public interest." Labor Secretary Marianito Roque advised the country's employers in the private sector on the pay rules to be applied during the regular and special non-working holidays as follows: For the regular holidays on April 1 (Maundy Thursday), April 2 (Good Friday), and April 9 (Araw ng Kagitingan), 2010: If the holiday falls on an employee’s regular workday:
- If 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 she was present or was on leave with pay on the workday immediately preceding the holiday.
- If 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.
- For the special non-working day on April 3, 2010 (Black Saturday):
- 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 to150 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.
