Holiday pay applies to private sector workers — DoLE

Labor Secretary Rosalinda Baldoz yesterday said that the pay rules governing a regular holiday, as well as core labor standards apply to all workers in the private sector on Nov. 16, 2010, being a national holiday in celebration of Eid’l-Adha which President Aquino declared.

President Aquino, by virtue of Proclamation No. 60 issued on Nov. 9, 2010 declaring Eid’l Adha as a national holiday citing Republic Act (RA) No. 9849.

The labor chief emphasized that the President, in his proclamation, noted that Eid’l Adha, or the Feast of Sacrifice among our Muslim brothers and sisters, is “one of the two greatest feasts of Islam.”

The President said in his proclamation that the National Commission on Muslim Filipinos (NCMF) had recommended the national holiday for the observance of Eid’l Adha on Nov.16.

Baldoz said RA 9849, provided that the Eid’l Adha shall be observed as a regular holiday in the country under a movable, rather than a fixed date, every year.

Baldoz said that in this light, pursuant to the provisions of the Labor Code, private sector employers must comply with the appropriate rules and core labor standards, consistent with the 22-point labor and employment agenda of President Aquino, which emphasizes the need to ensure the welfare and protection of the country’s workers.

She also said that the rules protecting workers during the observance of the nationwide regular holiday are as follows: If the holiday falls on an employee’s regular workday: if Nov. 16, 2010 is being worked by the employee, he is entitled to 200 percent of his [or her] basic wage on the first eight (8) hours and, for work in excess of the 8 hours to an additional 30 percent of his or her hourly rate on that day. But, if he or she does not work, the employee is entitled to 100 percent of the regular daily rate, provided he or she is present or on leave with pay, on the workday immediately preceding the holiday.

If the day is the employee’s rest day, he or she renders work, the employee is entitled, on the first eight (8) hours, to 200 percent of his daily rate plus 30 percent of said rate or a total of 260 percent for the first eight hours. In excess of 8 hours, plus 30 percent of his hourly rate on that day.

Finally, in case the day immediately preceding the holiday is a non-working day in the establishment, or is the scheduled rest day of the employee, the employee shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay. –Mina Diaz, Daily Tribune