As the country observes the Catholic Holy Week, Labor Secretary Silvestre Bello III reminded employers in the private sector to strictly follow the proper pay rules on March 29 (Maundy Thursday), March 30 (Good Friday), and March 31 (Black Saturday).

Pursuant to Proclamation No. 269 issued by President Rodrigo Duterte, the labor department issued Labor Advisory No. 04 (Series of 2018) prescribing the proper payment of wages for the said regular and special non-working days.

The payment rules for the regular holidays on March 29 (Maundy Thursday) and March 30 (Good Friday) are as follows:

• If the employee did not work, he/she shall be paid 100 percent of his/her salary for that day, subject to certain conditions under the implementing rules and regulations. Sample computation: Daily rate + Cost of Living Allowance (COLA) x 100 percent.

• If the employee worked, he/she shall be paid 200 percent of his/her regular salary for that day for the first eight hours. Sample computation: Daily rate + COLA x 200 percent.

• If the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 200 percent x 130 percent x number of hours worked.

• If the employee worked during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her daily rate of 200 percent. Sample computation: [(Daily rate + COLA) x 200 percent)] + [30 percent (Daily rate x 200 percent)].

• If the employee worked in excess of eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 200 percent x 130 percent x 130 percent x number of hours worked.

For the special (non-working) day on March 31 (Black Saturday), the following rules shall be observed:

• If the employee did not work, the “no work, no pay” principle shall apply, unless there is a favourable company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day.

• If the employee worked, he/she shall be paid an additional 30 percent of his/her daily rate on the first eight hours of work. Sample computation: [(Daily rate x 130 percent) + COLA].

• If the employee worked in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 130 percent x 130 percent x number of hours worked.

• If the employee worked during a special day that also falls on his/her rest day, he/she shall be paid an additional fifty percent of his/her daily rate on the first eight hours of work. Sample computation: [(Daily rate x 150 percent) + COLA].

• If the employee worked in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Sample computation: Hourly rate of the basic daily wage x 150 percent x 130 percent x number of hours worked.

END/aldm

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