EMPLOYMERS PAYMENT RULES FOR DECEMBER HOLIDAYS RELEASED BY DOLE

The Department of Labor and Employment (DOLE) released guidelines to remind private sector employers and workers of the proper payment of wages for December 8, 24, 25, 30, and 31.

DOLE issues guidelines for employers’ proper payment of wages to its workers for the upcoming holidays (Photo courtesy of GMA Integrated News)
Based on Labor Advisory No. 14, employees who would report for duty on special non-working holidays - December 8 (Feast of the Immaculate Concepcion), December 24 (Christmas Eve), and December 31 (last day of the year) – should be paid as follows:
- The "no work, no pay" principle shall apply if the employee does not report for work unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment on a special day;
- Employees who would report for work during the special day should receive additional 30% of the basic wage on the first eight hours of work (basic wage x 130%);
- For work done in excess of eight hours, the employee should receive additional 30% of the hourly rate on said day (hourly rate of the basic wage x 130% x 130% x number of hours worked);
- For work done during the special day that also falls on the employee's rest day, the employee should receive additional 50% of the basic wage on the first eight hours of work (basic wage x 150%); and
- For work done in excess of eight hours during the special day that also falls on the employee's rest day, the employee should receive additional 30% of the hourly rate on said day (hourly rate of the basic wage x 150% x 130% x number of hours worked).
Those who would work on regular holidays on December 25 (Christmas Day), and December 30 (Rizal Day), shall be paid as follows:
- The employee should receive 100% of the wage even if he or she does not report for work, provided that the employee reports to work or is on leave of absence with pay on the day immediately preceding the regular holiday. If the day immediately preceding the regular holiday is a non-working day or the scheduled rest day of the employee, he or she shall be entitled to holiday pay if the employee reports to work or is on leave of absence with pay on the day immediately preceding the non-working day or rest day (basic wage x 100%);
- The employee should receive 200% of the wage if he or she reports for work during the regular holiday;
- For work done in excess of eight hours, the employee should receive additional 30% of the hourly rate on said day (hourly rate of the basic wage x 200% x 130% x number of hours worked);
- For work done during a regular holiday that also falls on the employee's rest day, the employee should receive additional 30% of the basic wage of 200% (basic wage x 200% × 130%); and
- For work done in excess of eight hours during a regular holiday that also falls on the employee's rest day, the employee should receive additional 30% of the hourly rate on said day (hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked).
DOLE also appealed to employers to consider advancing the payment of the 13th-month pay to their workers, though the law mandates the payment of the 13th-month pay on or before 24 December.
Labor Secretary Bienvenido Laguesma said an earlier disbursement would benefit workers, especially amid rising prices, “We ask for the understanding and consideration of our employers to give the 13th-month pay of their employees a little bit earlier so that they can budget what they need to buy.”
Under Philippine labor law, all rank-and-file employees in the private sector, regardless of position or employment status, are entitled to a 13th-month pay equivalent to at least one-twelfth of their total basic salary earned in a calendar year.
Source: GMA Integrated News
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