DOLE reiterates pay rules on April 6, holy week

The Department of Labor and Employment (DOLE) today said that April 6, 2009 (Monday) is a regular holiday nationwide in observance of the Araw ng Kagitingan, which honors the valor and heroism of the Filipinos in Bataan and Corregidor.

At the same time, Labor and Employment Secretary Marianito D. Roque said that as affirmed under Presidential Proclamation No. 1699 dated December 24, 2008, April 9 (Maundy Thursday) and 10 (Good Friday), 2009, are regular holidays throughout the nation.

The Labor and Employment Chief said that President Gloria Macapagal-Arroyo’s Proclamation No. 1699 affirmed Republic Act (RA) 9492, which provides that holidays, except those which are religious in nature, are moved to the nearest Monday unless otherwise modified by law, order, or proclamation. The RA amended Section 26, Chapter 7, Book 1 of Executive Order No. 292, otherwise known as the Administrative Code of 1987, by declaring certain days (specific or movable) as special or regular holidays.

Accordingly, Roque advised the country’s employers on the lawful holiday pay rules to be applied during the nationwide regular holidays of the Araw ng Kagitingan on April 6, Maundy Thursday on April 9, and Good Friday on April 10, 2009, as follows:

A. If the day is the employee’s regular workday:

· If worked, [the employee] is entitled to 200% of his [or her] basic wage for the first eight (8) hours and, for work in excess of the 8 hours, an additional 30% of his or her hourly rate on the said day;
· If unworked, the employee is entitled to 100% of his daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.

B. If the day is the employee’s rest day:

· If worked, the employee is entitled, for the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on the said day;
· If unworked, the employee is entitled to 100% of his or her daily rate, provided he or she was present or was on leave with pay on the workday immediately preceding the holiday.

C. Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he or she shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay.