HOLIDAY PAY RULES FOR FEBRUARY 25, 2019 (EDSA) AND CHINESE NEW YEAR WITH SAMPLE COMPUTATION

Holiday pay is given to employees if the requirements of the law have been satisfied. In the case of February 25, 2019, it was declared as special non-working holiday by Malacañang under Proclamation No. 555.

Thus, under Labor Advisory No. 03, Series of 2019, the Department of Labor and Employment issued rules for pay on special non-working day such as February 25, 2019.

If the employee did not work, the “no work, no pay” principle shall apply unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment on a special day.

For instance, X is an employee in NCR paid the minimum wage. He did not work on February 25, 2019. He cannot demand payment for the special non-working day.

However, if his company, Supervagal Cargo, Inc. has a policy granting 130% pay on a special non-working day despite the fact that the employee did not report for work, then such policy shall prevail. X should be given his 130% pay on such day.

For work done during the special day, an employee shall be paid an additional 30% of the basic wage on the first eight hours of work.

Illustration:

X was required to work on February 25, 2019 and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. His pay shall be as follows:

Basic Wage              PhP537.00

Formula                     [(Basic Wage x 130%) + COLA]

Application:               [(PhP537.00 x 130%)]

                                    [(PhP537.00 x 1.3)]

                                    PhP698.10

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The COLA in the formula should be disregarded since the minimum wage in NCR under Wage Order No. NCR-22 does not have a COLA anymore.

For work done in excess of eight hours or the overtime work, the employee shall be paid an additional 30% of the hourly rate on said day.

Illustration:

X was required to work on February 25, 2019 and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. However, he was required to work overtime from 5:01 p.m. until 8:00 p.m. or for 3 hours.

His pay shall be as follows:

For the First 8 Hours (8 a.m. to 5 p.m.)

Basic Wage              PhP537.00

Formula                     [(Basic Wage x 130%) + COLA]

Application                [(PhP537.00 x 130%)]

                                    [(PhP537.00 x 1.3)]

                                    PhP698.10

For Overtime Work (5 p.m. to 8 p.m.)

Basic Wage

            on said day   PhP698.10 / 8

                                    PhP87.26

Hourly Rate of BW   PhP67.13

Formula                     (Hourly rate of the Basic Wage x 130% x 130% x number of hours worked)

Application:               (PhP67.13 x 130% x 130% x 3 hours)

                                    (PhP87.269 x 130% x 3 hours)

                                    (PhP113.4497 x 3 hours)

                                    PhP340.3491

                                    PhP340.35

Total Pay for February 25, 2019

Pay for the First 8 hours + OT Pay

PhP698.10 + PhP340.35

PhP1,038.54

For work done during a special day that also falls on employee’s rest day, he shall be paid an additional 50% of his basic wage on the first eight hours of work.

Illustration:

X was required to work on February 25, 2019 which was his restday, and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. His pay shall be as follows:

Basic Wage              PhP537.00

Formula                     [(Basic Wage x 150%) + COLA]

Application:               [(PhP537.00 x 150%)]

                                    [(PhP537.00 x 1.5)]

                                    PhP805.50

For work done in excess of eight hours or overtime work during a special day that also falls on employee’s rest day, he shall be paid an additional 30% of the hourly rate on said day.

Illustration:

X was required to work on February 25, 2019 which was his restday, and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. However, he was required to work overtime from 5:01 p.m. until 8:00 p.m. or for 3 hours.

His pay shall be as follows:

For the First 8 Hours (8 a.m. to 5 p.m.)

Basic Wage              PhP537.00

Formula                     [(Basic Wage x 150%) + COLA]

Application:               [(PhP537.00 x 150%)]

                                    [(PhP537.00 x 1.5)]

                                    PhP805.50

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For Overtime Work (5 p.m. to 8 p.m.)

Basic Wage

            on said day   PhP805.50 / 8

                                    PhP100.69

Hourly Rate of BW   PhP67.13

Formula                     (Hourly rate of the Basic Wage x 150% x 130% x number of hours worked)

Application:               (PhP67.13 x 150% x 130% x 3 hours)

                                    (PhP100.695 x 130% x 3 hours)

                                    (PhP130.9035 x 3 hours)

                                    PhP392.7105

                                    PhP392.71

Total Pay for February 25, 2019

Pay for the First 8 hours + OT Pay

PhP805.50 + PhP392.71

PhP1,198.21