Department of Labor and Employment Secretary Silvestre Bello III reminded private sector employers that workers who report on Tuesday, January 1, 2019, are entitled to receive at least double their salary for the day, which is a regular holiday.
This is according to Labor Advisory No. 21, which says that employees who work on the said holiday shall be paid 200 percent of their wages for the day for the first eight hours. The same advisory says that an additional 30 percent of the employee’s hourly rate shall be given for overtime work rendered.
For employees who work during a regular holiday that falls on their rest day, an additional 30 percent of their basic wage shall be paid, on top of the 200 percent.
Employees who do not work on the holiday shall be paid 100 percent of their regular salary.
For employees reporting to work on Monday,December 31, DOLE also said that a “no work, no pay” policy applies for the holiday, unless there is a company policy, practice, or collective bargaining agreement (CBA) otherwise in place that would grant payment to employees on special days. December 21 is a special non-working holiday.
Employers may also be guided by Labor Advisory No. 19, which provides that work done on special non-working holidays entitles employees to an additional 30 percent of their regular daily rate for the first eight hours of work. A further 30 percent of the employee’s hourly rate should be given for any overtime work.
Should the special non-working holiday fall on the employee’s rest day and they report to work, they shall be paid an additional 50 percent of their daily rate for the first eight hours of work and an additional 30 percent of their hourly rate for any overtime work.