Friday, October 30, 2009
The Department of Labor and Employment (DOLE) today said that the Malacañang Palace has declared November 27 and 28, 2009 (Eid'l Adha) as regional holidays in the Autonomous Region of Muslim Mindanao (ARMM) by virtue of Proclamation No. 1808-A.
Labor and Employment Secretary Marianito D. Roque thus clarified that November 27 and 28, 2009 are not to be observed as holidays throughout the country.
Roque said that the new issuance effectively amended the earlier Proclamation No. 1808, issued earlier on April 21, 2009, which had declared November 28 and 29 this year as national holidays.
He advised the country's employers that as a result of Proclamation No. 1808-A, the pay rules for regular holidays will not apply during the said dates except in ARMM.
The Labor and Employment Chief said that consequently, there will only be three holidays nationwide this November by virtue of the earlier Presidential Proclamation No. 1699 issued on December 24, 2008.
He said these are the All Saints Day to be observed as special non-working day on November 1, the additional special non-working day on November 2 declared by the President for the purpose strengthening family relationship among the Filipinos on All Saints Day, and the regular holiday in celebration of Bonifacio Day on November 30, 2009.
Roque reiterated to employers in the country's private sector the pay rules that must be observed during the said nationwide holidays, as follows:
1) For the special non-working days on November 1 (All Saints Day) and 2, 2009:
a) If worked, an employee is entitled to 130% of his [or her] daily rate for the first 8 hours, and to an additional 30% of his or her hourly rate on the said day for work performed in excess of 8 hours;
b) 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;
c) If worked and falling on the employee's rest day, the employee is entitled for the first 8 hours to 150% of his or her regular daily rate, and for work performed in excess of 8 hours, plus 30% of his or her hourly rate on the said day.
2) For the regular holiday on November 30, 2009 (Bonifacio Day):
a) If the holiday falls on an employee's regular workday:
- If worked, [the employee] is entitled to 200% 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% 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.
b) If the day is the employee's rest day:
- If worked, the employee is entitled, for 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 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.
c) 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.
Any clarifications regarding the pay rules may be made with the DOLE's Bureau of Working Conditions (BWC) at tel. no. 527-3000 local 301.
