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Pay rules for November holidays out


INQUIRER.net
First Posted 14:29:00 10/29/2009

Filed Under: Labor, Employment, Public Holidays

MANILA, Philippines?The labor department on Thursday reminded private employers of the pay rules for the nationwide special non-working days on November 1 (All Saints Day) and 2 (All Souls Day), the national holidays on November 27 and 28 (Eid?l Adha), and regular holiday on November 30, 2009 (Bonifacio Day).

In a statement, Labor Secretary Marianito Roque advised the country's employers in the private sector on the pay rules to be observed during the following holidays.

For November 1 (All Saints Day) and 2, 2009, the pay rules for special non-working days apply as follows:

* If worked, the employee is entitled to 130 percent of his or her daily rate for the first eight hours, and to an additional 30 percent of his or her hourly rate on the said day for work performed in excess of eight hours;

* If not worked, 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 eight hours to 150 percent of his or her regular daily rate, and for work performed in excess of eight hours, plus 30 percent of his or her hourly rate on the said day.

For the November 27 and 28 (Eid?l Adha), and November 30, 2009 (Bonifacio Day), the pay rules for regular holidays apply as follows:

* If the holiday falls on an employee's regular workday:

- If worked, the employee is entitled to 200 percent of his or her basic wage for the first eight hours and, for work in excess of the eight hours, to an additional 30 percent of his or her hourly rate on the said day;

- If not worked, the employee is entitled to 100 percent 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.

* If the day is the employee's rest day:

- If worked, the employee is entitled, for the first eight hours, to 200 percent of his or her daily rate plus 30 percent and, for work in excess of eight hours, plus 30 percent of his or her hourly rate on the said day;

- If not worked, the employee is entitled to 100 percent 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.

* 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 labor department?s Bureau of Working Conditions at tel. no. 527-3000 local 301.

Roque cited the following laws that are the bases for the pay rules:

* Proclamation 1699, issued December 24, 2008, made November 2, 2009, a Monday, an additional special non-working holiday throughout the country ?to strengthen and foster closer ties among Filipino families during the All Saints Day;

* Proclamation 1808, issued on April 12, 2009, declared November 27 and 28, 2009, Eid?l Adha, as national holidays; and

* Proclamation 1699 also maintained the regular holiday in observance of Bonifacio Day on November 30, 2009, a Monday; it marks the 146th birth anniversary of the Filipino hero Andres Bonifacio, known as the ?Great Plebeian.?



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