DOLE advises employers of pay rules for Monday

As Filipinos prepare for a long weekend, the Department of Labor and Employment reminded employers Friday of the pay rules for Monday, National Heroes' Day. DOLE Secretary Rosalinda Baldoz said August 30 is a nationwide regular holiday, to honor heroes who fought for the country’s freedom. "Based on Memorandum Circular No. 01 of the Department of Labor and Employment (DOLE), and pursuant to the provisions of Labor Code, private sector employers must comply to appropriate core labor standards protecting workers during the observance of the regular holiday on August 30," Baldoz said on the DOLE website. The pay rules are as follows: If the holiday falls on an employee’s regular workday:

• If worked, the employee is entitled to 200% of his or her basic wage on the first eight hours and, for work in excess of the eight hours, to an additional 30% of his or her hourly rate on the said day.
• If unworked, the employee is entitled to 100% 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:

• If worked, the employee is entitled, on the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on said day.
• If unworked, the employee is entitled to 100% 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.

In case the day immediately preceding the holiday is a non-work day in the establishment, or is the scheduled rest day of the employee:

The employee shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay.

Earlier, Malacañang decreed the observance of the holiday this Monday — traditionally observed on the last Sunday of August — is already provided for under Republic Act 9492. The DOLE said inquiries and feedback on core labor standards may be made with the DOLE Call Center at Hotline 2917 from Globe or TM phones, 908-2917 from landline phones or text at 2910. DOLE goes 'all out' vs. contractualization Meanwhile, the DOLE reiterated its all-out effort against contractualization as Baldoz issued new administrative orders to the effect. The new orders, AO Nos. 281-B, 281-C, 281-D, and 281-E all support the order that set into motion a reform program enforcing the DOLE’s core mandate of labor standards setting and visitorial powers on the protection of workers. http://www.dole.gov.ph/secondpage.php?id=1329 Under AO 281-B, the DOLE’s regional offices will look into the worst forms of contractualization, especially in the agriculture industry, as well as into the validity of alien employment permits (AEPs) and the related special visa for employment generation (SVEG). This is in addition to the priorities set forth under the earlier AO 281. The order directs DOLE regional directors, as the chairs of their respective Regional Coordinating Councils (RCCs), to ensure the termination within 30 days of labor standards cases arising from inspection efforts of Project LEAP. In the process, RCC member agencies are required to assist on the mandatory conciliation proceedings of contested cases. The order also directs DOLE’s inspectors based in six regions, specifically Regions I, II, IV-B, V, VIII and CAR, to assist the regional offices (RO) in the National Capital Region (NCR), Region III, and Region IV-A in the inspections. Under AO No. 281-C, Baldoz authorized the direct augmentation of the inspection capabilities of DOLE-NCR, RO III, and RO IV-A with a total of 37 DOLE personnel. Under AO No. 281-D, she directs 61 new inspectors who successfully hurdled training under the Bureau of Working Conditions (BWC) to proceed with the conduct of inspection activities covering Regions IVA, 4B, 7, 9 and the Cordillera Administrative Region (CAR).—JV, GMANews.TV