November 7, 2011 national holiday pay rules

Many had been surprised about the declaration made by Malacanang last week, through Proclamation 276, that November 7 would be a national holiday because of the Islamic feast of Eidul Adha (not to be confused with Eid al-Fitr, the one celebrated last August 30). Proclamation 276 noted that Eidul Adha is “one of the greatest feasts of Islam.” The recommendation for the observance of Eidul Adha on November 7 was made by the National Commission on Muslim Filipinos. You can access the one-page proclamation here:

http://www.gov.ph/downloads/2011/10oct/20111020-PROC-0276-BSA.pdf.

Eidul Adha (or Feastof Sacrifice) was previously just a regional holiday for the Autonomous Region of Muslim Mindanao, as Manila Bulletin once reported

http://www.mb.com.ph/articles/239741/rp-muslims-hail-signing-eid-l-adha-law . It became a national feast by virtue of Republic Act 9849, a law signed by then-President Gloria Macapagal-Arroyo early last year. The entire text of RA 9849 can be accessed at

http://www.lawphil.net/statutes/repacts/ra2009/ra_9849_2009.html. You can download Proclamation 84, which lists all regular holidays and special non-working days here http://www.dole.gov.ph/fndr/bong/files/PROC-84.pdf.

Now, off to the exciting part: the pay rules! As written above, Eidul Adha is indeed a national holiday. Notice that in Section 2, it is emphasized that the proclamation declaring national holidays for the observance of Eid’al Fifr and Eidul Adha will only be issued once the approximate dates of these holidays had been determined “in accordance to the Islamic calendar (hijra) and astronomical calculations.” The movable nature of these dates Is the reason they can’t be marked red in the calendar.

According to the Department of Labor and Employment (http://www.dole.gov.ph/list_of_holidays.php?id=95), the following pay rules shall apply:

  1. If it is an employee’s regular workday

If unworked – 100%

If worked

1st 8 hours – 200% (double pay!)

excess of 8 hours – plus 30% of hourly rate on said day

2. If it is an employee’s rest day

If unworked – 100%

If worked

1st 8 hours – plus 30% of 200% of regular rate plus 30% (for the overtime)

excess of 8 hours – plus 30% of hourly rate on said day

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