How much should the employers pay during Holy week?

Here’s an update from the Department of Labor and Employment regarding the payment of work made during the Lenten Celebration:

The Department of Labor and Employment (DOLE) today said that April 1 (Maundy Thursday) and 2 (Good Friday) are regular holidays throughout the nation, while April 3 (Black Saturday), 2010 is a nationwide special non-working day.

The Labor and Employment Chief said that Presidential Proclamation No. 1841, issued earlier on July 21, 2009, had affirmed the regular holidays on April 1 and 2, and April 9, 2010. At the same time, Proclamation No. 2029, by authority of the President signed by Executive Secretary Leandro R. Mendoza on March 24, 2010, declared Saturday, April 3, 2010, which falls between Good Friday and Easter Sunday, as a special (non-working) day throughout the country, citing that, “our people must be given 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.”
Roque thus advised the country’s employers in the private sector on the pay rules to be applied during the said nationwide regular and special non-working holidays as follows:
1. For the regular holidays on April 1 (Maundy Thursday), April 2 (Good Friday), and April 9 (Araw ng Kagitingan), 2010:

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 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.

2. For the special non-working day on April 3, 2010 (Black Saturday):

– If worked, the 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.

– 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% 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.

Any clarifications regarding the holiday pay rules may be made with the DOLE Call Center at tel. no. 527-8000.

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