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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correction Oct.29-Nov. 1, 2011
Hi. You’re mistaken. October 29 and 30 merely fall on weekends.
kahit naman week end nuh yung ibang company may work parin
Well, I am not disputing that.
Thanks for clearing that up. I was wondering whether I should get double pay or that 30% thing. Anyhow, still need to go to work anyway… events… Sheesh.
You’re welcome! You’ll only get a 30% additional. Is it still worth the effort coming to work that day (as if you have a choice)? 🙂
How about the overtime premium of 25% ?
Hi! I think it is fixed at 30%.
how about if unworked??
how abut if unworked???
If you are already a regular employee, then you are entitled to 100% of your regular pay. If you are still a probationary worker, then most companies use the “no work, no pay” policy.
Hi, i know this is a bit late. But just to correct, please see below.
For the October 31 and November 1, the correct pay rules to be observed are as follows:
II. If unworked, he is not entitled to any payment, unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment for special days even if not worked.
(taken from http://www.gov.ph)
Actually, you are not correcting me. You failed to take into account the difference the pay rules for regular vis-a-vis casual employees during special non-working holidays. *see my previous comment*
Ask ko lang po if permitted na kaltasan ka pa if the basis is “no work, no pay” kapag absent ka?
depende yan sa holiday. Is it a legal one or special non-working lang?
Hi there, i just want to be guided on this: Example: May 1 (Labor Day,Legal Hol.) Will i get 100% pay even i didnt work on that day when there was no operation (company closed) on April 30. “under casual employee situation”.. Thanks.
question po, if an employee is still under probation, tpos the company had announced na wlang pasok for some reason (no holidays at all) should they pay the probationary employees?
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