DoLE: Observe holiday pay rules

The Department of Labor and Employment on Monday announced that it issued a labor advisory reminding employers to strictly observe holiday pay rules for August 2022.

Labor Secretary Bienvenido Laguesma issued Labor Advisory 16, s. 2022 dated 22 August, laying down following rules for paying wages for special non-working days and regular holidays.

For employees who rendered work on Ninoy Aquino Day or 21 August — which is regarded as special non-working day — they will be paid an additional thirty percent of the employee’s basic wage on the first eight hours of work.

If the employee renders overtime work, the employee is entitled to be paid an additional thirty percent of the employee’s hourly rate on said day and if the employee did not work on the said day, the “no work, no pay” policy principle shall apply, unless there is a favorable company policy, practice, or a collective bargaining agreement granting payment on a special day.

If the employee rendered work during a special day that also falls on the employee’s rest day, the employee is entitled to an additional fifty percent of the employee’s basic wage on the first eight hours of work.

Should the employee renders overtime work during a special day which falls on the employee’s rest day, the employee is entitled for an additional thirty percent of the employee’s hourly rate on said day.

Meantime, for employees who will work on National Heroes Day or 29 August — regarded as a regular holiday — they will be paid a total of two hundred percent of the employee’s wage for that day for the first eight hours of work. If the employee renders overtime work, the employee is entitled to an additional thirty percent of the employee’s hourly rate on said day.

For employees who did not work shall be paid 100 percent of the employee’s wage for that day, subject to certain requirements under the implementing rules and regulations of the Labor Code.

If the employee rendered work during a regular holiday that also falls on the employee’s rest day, the employee is entitled to an additional thirty percent of the employee’s basic wage on the first eight hours of work.

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