DoLE reminds employers of Nov. 30 holiday pay rules
The Department of Labor and Employment has reminded employers of the pay rules for the regular holiday Bonifacio Day on Nov. 30.
In Labor Advisory No. 29-2020, the DoLE said the following pay rules shall be observed on Nov. 30:
– If the employee did not work, the person shall be paid 100 percent of their wage for that day, subject to certain requirements under the implementing rules and regulations of the Labor Code.
– For work done during the regular holiday, the employee shall be paid 200 percent of their wage for that day for the first eight hours.
– As for work done in excess of eight hours (overtime work), the employee shall be paid an additional 30 percent of their hourly rate on that day.
– For work done during a regular holiday that also falls on the employee's rest day, the person shall be paid an additional 30 percent of their basic wage of 200 percent.
– For work done in excess of eight hours (overtime work) during a regular holiday that also falls on the employee's rest day, they shall be paid an additional 30 percent of their hourly rate on that day.
Due to the existence of a national emergency arising from the COVID-19 pandemic, the DoLE said employers are allowed to defer payment of the holiday pay on Nov. 30 "until such time that the present emergency situation has been abated and the normal operations of the establishment is in place."
The Labor department added that establishments that have totally closed or ceased operation during the community quarantine period are exempted from the payment of the holiday pay.
But on Nov. 25, the DoLE directed employers in the private sector which deferred the payment of holiday pay due to the existence of a national emergency arising from COVID-19 to pay the holiday pay of their employees on or before Dec. 31.