Pay rules for the August 19 special non-working day
*According to my latest research, August 30, 2011 is a national holiday. Please refer here: http://rightonthemark.wordpress.com/2011/08/22/pay-rules-for-the-august-29-and-30-2011-regular-holidays
Every year, August 19 is marked as a special non-working day in Quezon City and Quezon province to mark Manuel L. Quezon’s birth anniversary. This 2011, August 19 will also be a non-working day in Davao City by virtue of President Benigno Aquino III’s Proclamation 215. According to him, this was done to give residents of this Southern city “the opportunity to celebrate and participate” in the Kadayawan festival (taken from Sun.Star Davao: http://www.sunstar.com.ph/breaking-news/2011/08/11/aug-19-declared-holiday-davao-city-172288).
So, you may be thinking of reporting for work on that day. How will you be paid by your employer? Take note of the fact that August 19 is NOT a national holiday. As I explained in a blog last June (http://rightonthemark.wordpress.com/2011/06/17/oh-yes-june-20-2011-is-a-non-working-day-will-you-be-paid-by-your-company): “For a date to be considered a special non-working day, there must be an official declaration from the Office of the President (or your respective local governments).” What if you choose not to work on this day? Will you still be able to get a holiday pay?
It depends on: 1) your status as an employee, and 2) company policy. If you are a regular (or tenured) employee, then you will be paid in full automatically. 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 (as against those paid based on the number of days they actually worked), the day is as good as paid.
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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do not confuse HOLIDAY PAY (pay that you receive for regular/legal holidays) with PREMIUM PAY (pay you receive for going to work on a special holiday). regarding your question whether an employee will receive a HOLIDAY PAY if he chooses not to work on a SPECIAL DAY. the definitive answer is NO.