DOLE reminds private employers to pay workers properly for December holidays

The Department of Labor and Employment (DOLE) reminded private sector employers to implement proper payment of wages to their workers for the declared holidays this year.

Labor Secretary Silvestre H. Bello III issued Advisory No. 19, Series of 2018, to guide employers in the correct payment of wages for December 8, 24, and 31(special non-working holidays) and December 25 and 30 (regular holidays).

According to the DOLE’s press release on Monday, private employers should observe these pay rules for special non-working holidays:

If the employee did not work, the "no work, no pay" policy shall apply unless there is another company policy, practice, or collective bargaining agreement (CBA) granting payment on special days.

For work done during the special non-working holiday, he/she shall be paid an additional 30% of his/her daily rate on the first eight hours of work [(daily rate x 130%) + COLA].

For work done in excess of eight hours (overtime work), he/she shall be paid an additional 30% of his/her hourly rate on the said day [hourly rate of the basic daily wage x 130% x 130% x number of hours worked].

If an employee works on a special holiday that also falls on his/her rest day, he/she shall be paid an additional 50% of his/her daily rate on the first eight hours of work [(daily rate x 150%) + COLA].

For overtime work on a special holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on the said day [Hourly rate of the basic daily wage x 150% x 130% x number of hours worked].

Also, private employers are expected to strictly follow these pay rules for the regular holidays:

If the employee did not work, he/she shall be paid 100% of his/her salary for days indicated [(daily rate x cost of living allowance) x 100%], while for work done during the regular holiday, the employee shall be paid 200% of his/her regular salary for the first eight hours [(daily rate x COLA) x 200%].

For overtime work (work done in excess of eight hours), he/she shall be paid an additional 30% of his/her hourly rate [Hourly rate of the basic daily wage x 200% x 130% x number of hours worked].

If an employee works on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate of 200% [(daily rate x COLA) x 200%] + [30% (daily rate x 200%)].

For overtime work on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on the said day [Hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked]. — Joviland Rita/MDM, GMA News