DOLE 3 issues 2013 holiday list, salary computations
CITY OF SAN FERNANDO–The Department of Labor and Employment has issued implementing guidelines for Proclamation No. 459 which lists regular holidays including special holidays this 2013 and their corresponding salary computations.
Labor Secretary Rosalinda Dimapilis-Baldoz promulgated the implementing guidelines on Wednesday.
On August 2012, President Benigno Aquino III issued Proclamation No. 459 consistent with the laws of the Philippines governing the observance of holidays, to wit: Republic Act (RA) No. 9492, dated 24 July 2007, which amended Section 26, Chapter 7, Book I of Executive Order (EO) No. 292, also known as the Administrative Code of 1987, by declaring certain days, specific or movable, as special or regular holidays.
By virtue of Proclamation No. 459, there are 10 regular holidays, seven special non-working days, and one special holiday for all schools for the year 2013, as follows: regular holidays–New Year’s Day, January 1 (Tuesday); Maundy Thursday, March 28; Good Friday, March 29; Araw ng Kagitingan, April 9 (Tuesday); Labor Day, May 1 (Wednesday); Independence Day, June 12 (Wednesday); National Heroes Day, August 26 (Last Monday of August); Bonifacio Day, November 30 (Saturday); Christmas Day, December 25 (Wednesday); and Rizal Day, December 30 (Monday).
Meanwhile, special (non-working days) include Black Saturday, March 30; Ninoy Aquino Day, August 21 (Wednesday); All Saints Day, November 1 (Friday). Additional special (non-working) days include November 2 (Saturday); December 24 (Tuesday); and Last Day of the Year, December 31 (Tuesday).
Special holiday (for all schools) include EDSA Revolution Anniversary, February 25 (Monday).
Secretary Baldoz said President Aquino III affirmed Black Saturday, together with November 2, and December 24, 2013, as additional special non-working days nationwide, citing the need to enable the Filipino people to observe their most cherished traditions, Holy Week, All Saints Day, and Christmas, “without prejudice to the public interest.”
In addition, Section 2 of Proclamation No. 459 provides that “the proclamations declaring national holidays for the observance of Eid’l Fitr and Eidul Adha shall hereafter be issued after the approximate dates of the Islamic Holidays have been determined in accordance with the Islamic calendar (Hijra) or the lunar calendar, or upon Islamic astronomical calculations, whichever is possible or convenient.”
“To this end, the National Commission on Muslim Filipinos (NCMF) shall inform the Office of the President on which day the holiday shall fall,” the proclamation further provides.
The proclamation also mandates the DOLE to promulgate the implementing guidelines prompting Baldoz to issue Labor Advisory No. 06, Series of 2012, on the Payment of Wages for the regular holidays, special (non-working) days, and special holiday (for all schools) for the year 2013, specifically promulgating the rules.
For regular holidays, payment rules are: if the employee did not work, he/she shall be paid 100 percent of his/her salary for that day. The computation to the salary should be daily rate + Cost of Living Allowance x 100 percent. The COLA is included in the computation of holiday pay.
Payment rules also says that if the employee worked, he/she shall be paid 200 percent of his/her regular salary for that day for the first eight hours. Computation: (Daily rate + COLA) x 200%. The COLA is also included in computation of holiday pay.
Meanwhile, if the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: Hourly rate of the basic daily wage x 200% x 130% x number of hours worked.
If the employee worked during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her daily rate of 200 percent. Computation: (Daily rate + COLA) x 200%] + (30% [Daily rate x 200%)].
If the employee worked in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: (Hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked); Special (Non-working) Days.
If the employee did 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.
If the employee worked, he/she shall be paid an additional 30 percent of his/her daily rate on the first eight hours of work. Computation: [(Daily rate x 130%) + COLA).
If the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: (Hourly rate of the basic daily wage x 130% x 130% x number of hours worked).
If the employee worked during a special day that also falls on his/her rest day, he/she shall be paid an additional fifty percent of his/her daily rate on the first eight hours of work. Computation: [(Daily rate x 150%) + COLA].
If the employee worked in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Computation: (Hourly rate of the basic daily wage x 150% x 130% x number of hours worked).
For private establishments, February 25, 2013 is an ordinary workday and no premium is required to be paid for work on said day.
On the other hand, employees in private schools, whether academic or administrative personnel, shall be paid in accordance with the rules for pay on special (non-working) days as stated in Labor Advisory No. 06, Series of 2012. ●Charlene A. Cayabyab
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