In short, to determine whether employees hired on a “pakyaw” or “task” basis are entitled to SIL leave and compensation, the presence (or absence) of employer supervision in terms of the employee`s time and performance is essential: if the employee is simply hired on a pakyaw or task basis, then the general rule that he is entitled to a holiday pay and a SIL salary applies. unless it is exempted from the exceptions expressly provided for in Article 94 (holiday pay). and article 95 (SIL content) of the Labour Code. However, if the employee employed on a Pakyaw basis or on a work basis also falls under the term “field staff” within the meaning of the law, he or she is not entitled to these cash benefits. (Ibid.) Conversely, if an absent employee is not paid on the working day immediately before the regular leave, he is not entitled to vacation pay. (Ibid.) Employees who do not work all saints` day and all saints` day to visit their deceased relatives will not receive a salary unless there is a favorable company policy that grants payment during the holidays. In the meantime, those who choose not to work on November 30 (Bonifacio Day) will receive 100% of their salary for that day. On the other hand, the following calculation of the bonus salary is required for the worker who will perform his work during the regular leave of November 30: Labor Minister Silvestre Bello III said that the government is pitiful with various small and medium-sized enterprises in the country struggling to survive due to the introduction of COVID-19 health protocols. However, the correct payment of the salaries of their employees, and not only on declared public holidays, should not be affected, as provided for by law. For example, if Thursday and Friday are both statutory holidays and an employee is absent on Wednesday, in such a scenario, the employee will not be paid for both holidays unless he or she worked on Wednesday. But if an employee worked on Thursday, he is paid for the vacation on Friday.
An employee who works on special working holidays is only entitled to his basic rate. No premium payment is required as work performed on those days is considered work on normal working days. Here are some of the usual special working days – for example, since Holy Thursday is mobile, there are occasions when it falls on Araw ng Kagitingan, resulting in two holidays on the same day or a double holiday. If the nature of the employee`s work is such that an employee does not have regular working days and regular rest days cannot be scheduled, he will receive additional compensation of at least 30% of his regular salary for work performed on Sundays and public holidays. Nothing in the law provides for or suggests that the right to [13] days of vacation pay is reduced to nine if two days off fall on the same day. (Ibid.) If an employee works on a regular holiday that also falls on his day off, he receives an additional 30% of his base salary of 200% or [(base salary + COLA) x 200%] + [30% (base salary x 200%)]. ▪ If no work is done on a statutory holiday, the employee receives vacation pay, i.e. 100% paid leave. It should be noted that agents, as well as officers or members of management staff, have requirements that are designated as such.
That is, the designation or title granted to the employee does not determine whether the employee is actually a manager or not. To avoid paying vacation pay, some employers give employees the designation or title of “manager” or “senior executive or executive, even if they are not actually performing the duties of a manager. This is not correct and may result in claims by the employee for vacation pay against the employer. Independence Day (June 12), Araw ng Kagitingan (April 9), National Heroes Day (last Sunday in August), Bonifacio Day (November 30) and Rizal Day (December 30) have been declared national holidays to provide Filipinos with a recurring opportunity to commemorate the heroism of the Filipino people, promote national identity and deepen the spirit of patriotism. Labor Day (May 1) is a day traditionally reserved to celebrate the contributions of the working class to the development of the nation, while the religious holidays set forth in Executive Decree No. 203 allow the worker to celebrate his faith with his family. (Asian Transmission Corporation v. CA, loc. cit.) Despite the crippling impact of COVID-19 on the economy and businesses, the Ministry of Labour has reminded private sector employers to comply with their legal obligation to pay their workers decent wages for public holidays declared in November 2021. If the insured person takes a double leave, he receives his two vacation allowances (200% of the basic salary) plus his daily salary. According to Labor Minister Bienvenido E.
Laguesma, workers who work overtime receive an additional 30 percent of their hourly rate during regular vacations. The Department of Labor and Employment (DOLE) has released Labor Council (LA) No. 16 of 2022 to remind employers of the wage rules that will come into effect later in the day, which former President Rodrigo R. Duterte declared a regular holiday by Proclamation No. 1236. Finally, for overtime on a normal holiday, which also falls on employees` day of rest, they are paid an additional 30% of the hourly rate on that day [hourly rate of basic pay x 200% x 130% x 130% x number of hours worked], the recommendation states. ### GSR “We urge our employers to abide by the wage rules for this regular holiday, just as we also advise our employees to know their rights, especially on this Labor Day,” Bello said. However, Laguesma warned wandering employers not to face the consequences and not to escape the long arm of the law if they refuse to pay the necessary wage during the holidays. For public holidays, the Ministry of Labor and Employment (DOLE) has established the following rules that employers must respect: On the other hand, employees who have worked on a regular holiday that also falls on a day of rest should receive an additional 30% in addition to the 200% salary. Another 30 percent of the hourly rate must also be paid for overtime. “Work performed on special non-work leave deserves additional compensation of at least 30 percent of the base salary, for a total of 130 percent,” the recommendation states.
The Philippines includes various holiday categories called regular holidays or special holidays. Employees are entitled to the following 10 public holidays in the Philippines: For entitlements to payment of wage differentials, service incentive leave, vacation pay and the 13th month of salary, the onus is on the employer to prove payment. (Minsola v. New City Builders, Inc., G.R. No. 207613, January 31, 2018) While for the special work leave declared on November 2, the employment council states that if an employee enlists for the service, the employee can only receive his daily salary and no bonus is charged, as it is considered an ordinary working day. In the case of 2 consecutive regular holidays, such as Maundy Thursday and Good Friday, an employee cannot be paid for both holidays if he is absent from work on the day immediately preceding the first public holiday, unless he works on the first public holiday, in which case he is entitled to vacation pay (100% of regular pay) on the second public holiday. READ: The 3. May declares the normal holiday for Eid`l Fitr In addition, the government announces several special holidays each year, which can change from year to year. Here are some special non-working days: The statutory day for a general election is a statutory holiday. (Article 94 (b), Labour Code) ▪ Vacation pay is an additional salary of 100% during a normal public holiday.
Job Notice No. 19, 2021 series, issued by Acting Secretary Ana Dione, specified the appropriate calculation of workers` wages for the special unemployment leave declared on November 1, 2021, the special work leave on November 2 and for the normal leave of November 30, 2021. Regular public holidays are different and should not be confused with special non-working days that require the payment of bonuses when the work is completed, instead of vacation pay. The employer may require an employee to work on leave, but that employee receives pay equal to twice its normal rate. (Article 94(b) of the Labour Code) As demonstrated in the above case, it is fatal for the employer if he does not provide proof of the payment of vacation pay, since the burden of proof lies with the employer. The employee only has to pretend that he is not paid.
