Holiday pay at least 200 percent of regular daily wage

Dear PAO,
I know that an employee is entitled to his regular pay on a regular holiday, like Labor Day, even if he does not work on that day. But when I received my salary last May 15, I discovered that I did not receive my salary for May 1. What action can I do in order to collect this?
Macky

Dear Macky,

Regular Holidays in the Philippines are as follows: New Year’s Day, Maundy Thursday, Good Friday, Araw ng Kagitingan, Labor Day, Independence Day, National Heroes Day, Bonifacio Day, Eidil Fitr, Christmas Day, and Rizal Day. Under Article 94 of the Labor Code, every worker shall be paid his regular daily wage during regular holidays for any unworked regular holiday. But if an employee worked during a regular holiday, he shall be paid at least 200% of his regular daily wage. If the holiday work falls on the scheduled rest day of the employee, he shall be entitled to an additional premium pay of at least 30% of his regular holiday pay of 200% based on his regular wage rate (Article 94 of the Labor Code in relation to Rules Implementing the Labor Code).

Two things might have happened in your case: your employer has a just and sufficient reason not to give your holiday pay; or your employer forgot to include in the computation of your salary, your holiday pay for May 1.

On the first instance, your employer can deny your holiday pay for May 1 if you are on leave of absence without pay on the day immediately preceding a regular holiday (Section 6, Rule IV, Book III, Rules Implementing the Labor Code). You are only entitled thereto if you are on leave of absence with pay. Likewise, you will not be given holiday pay in case you fall under any of the following:

(a) Employed at the Government and any of the political subdivision, including government-owned and controlled corporation;

(b) Employed at a retail and service establishments regularly employing less than ten (10) workers;

(c) Domestic helpers and persons in the personal service of another;

(d) Managerial employees;

(e) Filed personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.

A managerial employee, mentioned on paragraph (d), pertains to a person whose primary duty consists of the management of the establishment in which he is employed or of a department or subdivision thereof, by which he customarily and regularly direct the work of two or more employees therein and that he has the authority to hire or fire other employees of lower rank or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees are given particular weight (Section 2, Rule I, Book III, Rules Implementing the Labor Code of the Philippines).

On the other hand, in case of omission of your employer to give you your holiday pay, we suggest that you inform your accounting or finance department regarding the omission. If they fail or refuse to give you your holiday pay despite demand, you may seek the assistance of the Department of Labor and Employment.

We wish to remind you that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are elaborated. –PERSIDA ACOSTA, Manila Times

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.