MANILA, Philippines?Labor Secretary Rosalinda Dimapilis-Baldoz said that Monday, 1 November 2010, is as a special non-working holiday across the country as the Filipino people commemorates the traditional ?Undas,? or All Saints Day, in memory of their departed loved ones.
Baldoz has, thus, advised both labor and the country?s employers in the private sector, that ?during this special (non-working) holiday, the principle of ?no work, no pay? applies, and as premised on this principle and by the law, workers not required or permitted to work on this day are not entitled to any compensation.?
She also declared that employers must see to it that they apply the core labor standards even during special non-working holidays, and all other holidays.
Baldoz said that by law, the special non-working day on 1 November is one of the three permanent special holidays observed each year in the Philippines?the other two being the Ninoy Aquino Day on 21 August, and the last day of the year, 31 December.
In her advisory to employers issued earlier on 21 October 2010, Baldoz said that pursuant to Republic Act (RA) 9849 issued on 11 December 2009, the following pay rules on special non-working days under the Labor Code, as amended, shall apply on 1 November 2010:
* If the day is unworked, 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, even if the day is unworked.
* If worked, the employee shall be paid an additional 30 percent of the daily rate of 100 percent on the first eight hours of work. If the employee works in excess of eight hours, he or she shall be paid an additional 30 percent of the hourly rate on the said day.
* If the day falls on the employee?s rest day and is worked, he or she shall be paid an additional 50 percent of the daily rate of 100 percent on the first eight hours of work. In excess of eight hours, he or she shall be paid an additional 30 percent of the hourly rate.