DOLE reminds employers of pay rules for Christmas, New Year

The Department of Labor and Employment (DOLE) on Tuesday reminded employers to abide by the pay rules for Christmas and New Year.

DOLE Secretary Rosalinda Baldoz said she reminded the private sector employees to observe proper pay rules and occupational safety standards.

“Our employers should share the blessing and joy of the season and, in the interest of our workers’ welfare and protection, pay them correctly during the holidays,” she said.

Baldoz issued Labor Advisory No. 16, covering special non-working days on Dec. 24, 26, and 31, and Jan. 2; and regular holidays on Dec. 25 and  30, and Jan. 1.

Pay rules for regular holidays (Dec. 25 and 30; Jan. 1):

• If the employee did not work, he or she shall be paid 100 percent of his or her salary for that day.
• If the employee worked, he or she shall be paid 200 percent of his or her regular salary for that day for the first eight hours.
• If the employee worked more than eight hours (overtime work), he or she shall be paid an additional 30 percent of his or her hourly rate on that day.
• If the employee worked during a regular holiday that also falls on his or her rest day, he or she shall be paid an additional 30 percent of his or her daily rate of 200 percent.
• If the employee worked more than eight hours (overtime work) during a regular holiday that also falls on his or her rest day, he or she shall be paid an additional 30 percent of his or her hourly rate on that day.

Pay rules for special non-working days (Dec. 24, 26, and 31; Jan. 2):

• If the employee did not work, the “no-work, no-pay” principle shall apply, unless there is a favourable company policy or collective bargaining agreement (CBA) granting payment on a special day.
• If the employee worked, he or she shall be paid an additional 30 percent of his or her daily rate on the first eight hours of work.
• If the employee worked more than eight hours (overtime work), he or she shall be paid an additional 30 percent of his or her hourly rate on that day.
• If the employee worked during a special day that also falls on his or her rest day, he or she shall be paid an additional 50 percent of his or her daily rate on the first eight hours of work.
• If the employee worked more than eight hours (overtime work) during a special day that also falls on his or her rest day, he or she shall be paid an additional 30 percent of his or her hourly rate on that day.