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Pay Rules for May 1 as a Regular Holiday

2010-04-28

May 1 is Labor Day and is a regular holiday nationwide, the Department of Labor and Employment (DOLE) announced today.

Labor and Employment Secretary Marianito D. Roque said that this year\'s Labor Day will be celebrated nationwide on May 1, 2010, a Saturday, on the theme, “Manggagawang Pilipino, Kaagapay sa Pagbabago,”

Roque said the Labor Day 2010 regular holiday had been affirmed under President Gloria Macapagal Arroyo\'s Presidential Proclamation No. 1841, which she issued earlier on July 21, 2009.

The Labor and Employment Chief said the yearly, nationwide celebration honors all the Filipino workers both at home and overseas, and affirms the greater social partnership of labor with the government, management, the civil society and other sectors.

“Labor Day is a long-cherished tradition for all Filipinos,” Roque said. “The day is both a national celebration, as well as an international event, that our trade unions have fought hard to institutionalize in our nation.”

Roque has advised the employers in the country’s private sector on the lawful holiday pay rules to be applied during the nationwide regular holiday, as follows:

1. If the holiday falls on an employee’s regular workday:
* If worked, the employee is entitled to 200% of his [or her] basic wage for the first eight (8) hours and, for work in excess of the 8 hours, to an additional 30% of his or her hourly rate on the said day.
* If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay on the workday immediately preceding the holiday.

2. If the day is the employee’s rest day:
* If worked, the employee is entitled, for the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on the said day.
* If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay, on the workday immediately preceding the holiday.

3. Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he or she shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay.

Any clarifications regarding the holiday pay rules may be made with the DOLE Call Center at tel. no. 527-8000.

source: DOLE Philippines