Pages

Thursday, January 16, 2014

Chinese New Year, a special non-working day, must be observed with deference to proper pay rules for employees--Baldoz

Chinese New Year, a special non-working day, must be observed with deference to proper pay rules for employees--Baldoz

Labor and Employment Secretary Rosalinda Dimapilis-Baldoz yesterday urged all employers in the country's private sector to promote workers' welfare and protection by observing the proper pay rules and other core labor standards during the Chinese New Year on 31 January 2014 which is a special (non-working) day in the Philippines.

President Benigno S. Aquino III declared the day a special (non-working) under Proclamation No. 655, Series of 2013, Declaring the Regular Holidays, Special (Non-Working) Days, and Special Holiday (For All Schools) For the Year 2014, which he issued on 25 September 2013.

"On 31 January 2014, Chinese nationals all over the world will celebrate Spring Festival, popularly known as the Chinese New Year, which is one of the most revered and festive events celebrated not only in China, but also in the Philippines, by both Chinese-Filipinos and ordinary Filipinos. The joint celebration is a manifestation of our solidarity with Chinese-Filipinos who have been part of our country in many respects," said Baldoz.

Thus, the labor and employment chief reiterated that proper observance of the pay rules on this day is a decent work standard that encourages productive and efficient workers, adding that voluntary compliance with labor laws, including correct wage payment during holidays, promotes workplace excellence and redounds to the competitiveness of business and the country's industries.

Pursuant to Labor Advisory No. 14, Series of 2013, which Baldoz issued on 20 December 2013, the proper pay rules to be observed for the special non-working holiday on 31 January 2014 are as follows:

(a) If the employee did not work, the "no-work, no-pay" principle shall apply unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day;
(b) If the employee reports for work, he shall be paid an additional 30 percent of his daily rate on the first eight hours of work. The standard computation for this is as follows: [(Daily rate x 130 percent) + COLA)];
(c) For work done in excess of eight hours (overtime work), he shall be paid an additional 30 percent of his hourly rate on said day. (Hourly rate of the basic daily wage x 130 percent x 130 percent x number of hours worked);
(d) For work done during a special day that also falls on an employee's rest day, he be paid an additional 50 percent of his daily rate on the first eight hours of work. [(Daily rate x 150 percent) + COLA]; and
(e) For work done in excess of eight hours (overtime work) during a special day that also falls on an employee's rest day, he shall be paid an additional 30 percent of his hourly rate on said day. (Hourly rate of the basic daily wage x 150 percent x 130 percent x number of hours worked).

Any question on this release, please call DOLE Hotline 527-8000, the Bureau of Working Conditions (BWC) at DOLE trunkline 527-3000 locals 301 or 307, or the DOLE Regional Office nearest your area (for DOLE-NCR tel. no. 400-60-11).


Date Posted: January 9th, 2014 06:28 AM at http://www.dole.gov.ph/news/view/2343


CGRLAW & Associates

5F First Global Building, 122 Gamboa Street
corner Salcedo Street, Legaspi Village, Makati City
Tel. No. (+63 2) 985 4322/  (+63 2) 889 5210
Mobile: +63 918 948 6092
email:atty.claudio.g.requino@live.com.ph
   claude.requino@cgrlaw.tk
           info@cgrlaw.tk

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. You are hereby notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.