Pay rules for Oct. 31 and Nov. 1, 2011 special non-working days
President Noynoy Aquino declared last Monday that October 31 this year is a special non-working day throughout the country. The day is sandwiched between October 30, a Sunday, and All Saints’ Day, which falls on a Tuesday. According to Presidential Proclamation No. 265 (http://www.gov.ph/2011/10/10/proclamation-no-265-s-2011 ), this aims “to give full opportunity to (Filipinos) to properly observe the day with all its religious fervor which invariably requires them to travel to and from different regions of the country.” The two consecutive non-working days gives Filipinos a four-day weekend (from October 28 to November 1). But what if you choose to work on those dates? Are you entitled to a double pay? What does the law say about it?
Just like October 31, All Saints Day is NOT a regular holiday. They are both considered special non-working holidays, as per Presidential Proclamation No. 84 (http://www.dole.gov.ph/fndr/bong/files/PROC-84.pdf) and existing DOLE rules (http://www.dole.gov.ph/list_of_holidays.php?id=95). A particular day becomes a special non-working holiday by virtue of an official declaration from the Office of the President or your respective local governments.
As I’ve written in my previous blogs, your pay for this day depends on your status as an employee and existing company policy. If you are a regular (or tenured) employee, you will be paid in full automatically even if you choose not to work. Meanwhile, most companies adopt the “no work, no pay” policy for non-permanent employees (or those we refer to as “contractual,” “casual,” and “probationary” workers). For employees whose month pay is fixed, the day is as good as paid. The entire thing is a bit complicated for employees being paid based on the number of days they actually worked.
Here are the specific pay rules for special non-working days as mandated by the Department of Labor (http://www.dole.gov.ph/list_of_holidays.php?id=95). I am providing specific examples for better understanding:
1. If worked
*1st 8 hours – plus 30% of the daily rate of 100%
*excess of 8 hours – plus 30% of hourly rate on said day
So, if you are a minimum-wage earner (P404 in Metro Manila):
P50.50 (the hourly pay) X 0.30 (the additional pay) = P65.65 (your holiday rate)
2. Falling on the employee’s rest day and if worked
1st 8 hours – plus 50% of the daily rate of 100%
P50.50 (the hourly pay) X 0.50 (the additional pay, or P25.25) = P75.25 (your holiday rate)
Excess of 8 hours – plus 30% of hourly rate on said day
P75.25 (the hourly pay) X 0.30 (the additional pay, or P22.58) = P97.83 (your holiday rate)
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