DOLE reminders employers of the computation for holiday pay:
Under Labor Advisory No. 09, Series of 2005, no premium pay is due for work done on 27 July 2015 which is declared as a Special National Working Day in commemoration of the founding anniversary of Iglesia ni Cristo in the Philippines. “No premium pay is required since work performed on said day is considered work on an ordinary day.”
On regular holidays, the covered employees are entitled to holiday pay equivalent to a regular daily wage even if no work is done. If the employer required work on a regular holiday, the employee is entitled compensation equivalent to twice the regular rate. There is no holiday pay in retail and service establishments regularly employing less than 10 employees.
Similar to the rule on working conditions, labor laws on statutory monetary benefits do not apply to all employees. As such, unless otherwise stated, the succeeding provisions of laws and rules on statutory monetary benefits apply to employees in all establishments and undertakings whether for profit or not, except to the following:
In termination disputes, the burden of proving that the dismissal is for a just or valid cause rests on the employers. Failure on their part to discharge such burden will render the dismissal illegal.
G.R. No. 178184, 29 January 2014
Complainants Wilfredo Galvez, Joel Sales, Cristito Gruta, Danilo Arguelles, Renato Batayola, Patricio Fesmillo, Jovy Noble, Emilio Dominico, Benny Nilmao, and Jose Austral, filed a labor complaint for illegal dismissal and monetary claims against their employer defendant Grand Asian Shipping Lines, Inc. (GASLI), and its President Eduardo P. Francisco, and General Manager William How.
May the employer convert the holiday pay to other benefits?
During the long Christmas holidays, some businesses operated on regular holidays resulting in work being rendered by their employees. Although the law expressly requires that holiday pay should be paid, businesses looking to save tend to pay their employees through other benefits instead of the statutory monetary benefit. May businesses do so? Continue reading here.