The president earlier declared the 2022 Philippine holidays; DOLE issued a labor advisory on holiday pay rules amid a pandemic to remind private employers of their legal duties.
President Rodrigo Duterte on Friday, Oct. 29, 2021, declared the 2022 Philippine holidays. Meanwhile, the Department of Labor and Employment (DOLE) issued a labor advisory on holiday pay rules amid a pandemic on Thursday, Oct. 28, 2021. The DOLE advisory reminds employers to “comply with their legal obligation in providing proper wages to their workers for the declared holidays in November 2021.”
Proclamation 1236 signed by the President declares the 2022 Philippine holidays both regular and special working/nonworking.
2022 Philippine holidays, pay rules during pandemic
Regular Holidays
January 1, Saturday | New Year’s Day |
April 9, Saturday | Araw ng Kagitingan |
April 14, | Maundy Thursday |
April 15 | Good Friday |
May 1, Sunday | Labor Day |
June 12, Sunday | Independence Day |
August 29, Monday | National Heroes Day |
November 30, Wednesday | Bonifacio Day |
December 25, Sunday | Christmas Day |
December 30, Friday | Rizal Day |
Special Nonworking Days
February 1, Tuesday | Chinese New Year |
February 25, Friday | EDSA People Power Revolution Anniversary |
April 16, | Black Saturday |
August 21, Sunday | Ninoy Aquino Day |
November 1, Tuesday | All Saints’ Day |
December 8, Thursday | Feast of immaculate Conception of Mary |
Special Working Days
November 2, Wednesday | All Souls’ Day |
December 24, Saturday | Christmas Eve |
December 31, Saturday | Last Day of the Year |
The said proclamation also stipulates the national holiday for the observance of Eidul Fitr and Eidul Adha once the Islamic holidays have been determined. A proclamation shall be issued thereafter.
DOLE reiterates holiday pay rules
DOLE reminds employers in private companies to provide proper wages to their employees for the declared holidays amid this COVID-19 pandemic, a news release posted on Oct. 28, 2021.
Further, Acting Secretary Ana Dione issued Labor Advisory 19 series of 2021 indicating the proper computation of employees’ wages for the declared special non-working, special working, and regular holiday.
For special non-working days, these pay rules shall apply.
- A “no work, no pay” principle shall apply for days that employees did not work unless there is a company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day.
- Employees shall be paid an additional 30% of their basic wage on the first 8 hours of work if they worked on special days. That is, [(basic wage x 130%) + COLA].
- For overtime pay, that is, a work done more than eight hours, employees shall be paid an additional 30% of their hourly rate on the said day. That is, [hourly rate of the basic wage x 130% x 130% x number of hours worked].
- If the special day falls on a rest day of an employee and he worked on that day, an employee shall be paid an additional 50% of his/her basic wage on the first 8 hours of work. That is, [(basic wage x 150%) + COLA].
- For overtime pay on a special day that also falls on an employee’s rest day, an employee shall be paid an additional 30% of his/her hourly rate on the said day. That is, [Hourly rate of the basic wage x 150% x 130% x number of hours worked].
For special working holidays, the labor advisory states that employees shall receive only their daily wage without premium pay even if employees worked on that day. For it is considered an ordinary working day.
However, for regular holidays and when employees worked on that day, premium pay shall be paid for the employees. The following pay rules shall also apply:
- If the employee did not work, Employees shall be paid 100% of their salary for days indicated even if they did not work on that day. Thus, [(Basic wage + COLA) x 100%]. But if employees rendered work on that day, they shall be paid 200% of their salary for the first 8 hours. That is, [(Basic wage + COLA) x 200%].
- For overtime pay, that is, work done more than eight hours, an employee shall be paid an additional 30% of his/her hourly rate. That is, [Hourly rate of the basic wage x 200% x 130% x number of hours worked].
- If a reglar holiday falls on an employee’s rest day and he/she works on that day, an employee shall be paid an additional 30% of his/her basic wage of 200%. That is, [(Basic wage + COLA) x 200%] + [30% (Basic wage x 200%)].
- For overtime pay on a regular holiday that also falls on an employee’s rest day, an employee shall be paid an additional 30% of his/her hourly rate on the said day. That is, [Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked].
Meanwhile, establishments that “have totally closed or ceased operation during the community quarantine period are exempted from the payment of the holiday pay on Nov. 30, 2021,” the labor advisory stated. RQJ
Since 2011, Regel Javines has been writing online, sharing news and analysis on a range of noteworthy and urgent social issues. He completed his bachelor’s degree in office administration at the Polytechnic University of the Philippines (PUP)—Taguig Campus, where he also served as editor-in-chief of the official school newspaper. See Regel’s published articles here.
What will be the rulings if reglar holiday falls on an employee’s rest day and he/she did not works on that day ?
Hi,
Per DOLE advisory, when a regular holiday falls on an employee’s rest day, this rule shall apply:
“If the employee did not work, the employee shall be paid 100% of their salary for days indicated even if they did not work on that day. Thus, [(Basic wage + COLA) x 100%]. But if employees rendered work on that day, they shall be paid 200% of their salary for the first 8 hours. That is, [(Basic wage + COLA) x 200%].”
What would be the pay ruling if a regular holiday falls on an employee’s rest day and he/she did not work on that day? Does “no work, no pay” principle shall apply for this scenario ?