MTF Updates – DOLE – Labor Advisory No. 13
Dear Valued Clients and Friends,
We are sending to you a copy of the Department of Labor and Employment (DOLE) Labor Advisory No. 13 issued on March 30, 2020 on the payment of wages for the regular holidays on April 9 and 10, 2020 and April 11, 2020.
The DOLE provides for the following rules for pay on above-mentioned holidays:
- Regular Holiday – April 9 (Araw ng Kagitingan and Holy Thursday)
| Work | Salary |
| Employee did not work | [(Basic wage + COLA) x 200%]
provided that the employee was present or on leave with pay on the workday prior to the start of the enhanced community quarantine on 17 March 2020 pursuant to Proclamation No. 929 |
| Work done during the double holiday | [(Basic wage + COLA) x 300%] |
| Work done in excess of eight hours (overtime work) | [Hourly rate of the basic wage x 300% x 130% x number of hours worked] |
| Work done during a double regular holiday that also falls on his or her rest day | [(Basic wage + COLA) x 300%] + [30% (basic wage x 300%)] |
| Work done in excess of eight hours during a double regular holiday that also falls on his or her rest day | [Hourly rate of the basic wage x 300% x 130% x 130% x number of hours worked]
|
- Regular Holiday – April 10 (Good Friday)
| Work | Salary |
| Employee did not work | [(Basic wage + COLA) x 100%]
provided that the employee was present or on leave with pay on the workday prior to the start of the enhanced community quarantine on 17 March 2020 pursuant to Proclamation No. 929 |
| Work done during the regular holiday | [(Basic wage + COLA) x 200%] |
| Work done in excess of eight hours (overtime work) | [Hourly rate of the basic wage x 200% x 130% x number of hours worked] |
| Work done during a regular holiday that also falls on his or her rest day | [(Basic wage + COLA) x 200%] + [30% (basic wage x 200%)] |
| Work done in excess of eight hours during a regular holiday that also falls on his or her rest day | [Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked]
|
- Special (Non-Working) day – April 11
| Work | Salary |
| Employee did not work | “No work, now pay” principle shall apply unless there is a favorable company policy, practice or collective bargaining agreement (CBA) |
| Work done during the special holiday | [(Basic wage x 130%) + COLA] |
| Work done in excess of eight hours (overtime work) | [Hourly rate of the basic wage x 130% x 130% x number of hours worked] |
| Work done during a special holiday that also falls on his or her rest day | [(Basic wage x 150%) + COLA] |
| Work done in excess of eight hours during a special holiday that also falls on his or her rest day | [Hourly rate of the basic wage x 150% x 130% x number of hours worked]
|
Should you have questions on the above article, please do not hesitate to contact us at info@mtfcounsel.com.
Thank you,
Mata-Perez, Tamayo & Francisco
April 9, 2020