Holiday Pay On Election Day (May 13, 2019); Sample Computation Based on NCR Minimum Wage of PhP537
Holiday pay should be paid to employee who is required or made to report to work during a special non-working day.
The Malacañang issued Proclamation No. 719 declaring May 13, 2019 (Monday), the National and Local Elections, as special (non-working) holiday to “enable the people to properly exercise their right to vote.
The following are the rules governing pay to employees during special day and the illustrative computations based on NCR Minimum Wage of P537.00 pursuant to similar rules issued by DOLE in Labor Advisories:
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.
For instance, X is a Call Center employee in NCR paid the minimum wage. He did not work on May 13, 2019. He cannot demand payment for the special non-working day.
However, if his company, Kol Sener, Inc. has a policy granting 130% pay on a special non-working day despite the fact that the employee did not report for work, then such policy shall prevail. X should be given his 130% pay on such day.
For work done during the special day, an employee shall be paid an additional 30% of the basic wage on the first eight hours of work.
Illustration:
X was required to work on May 13, 2019 and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. His pay shall be as follows:
Basic Wage PhP537.00
Formula [(Basic Wage x 130%) + COLA]
Application: [(PhP537.00 x 130%)]
[(PhP537.00 x 1.3)]
PhP698.10
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The COLA in the formula should be disregarded since the minimum wage in NCR under Wage Order No. NCR-22 does not have a COLA anymore.
For work done in excess of eight hours or the overtime work, the employee shall be paid an additional 30% of the hourly rate on said day.
Illustration:
X was required to work on May 13, 2019 and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. However, he was required to work overtime from 5:01 p.m. until 8:00 p.m. or for 3 hours.
His pay shall be as follows:
For the First 8 Hours (8 a.m. to 5 p.m.)
Basic Wage PhP537.00
Formula [(Basic Wage x 130%) + COLA]
Application [(PhP537.00 x 130%)]
[(PhP537.00 x 1.3)]
PhP698.10
For Overtime Work (5 p.m. to 8 p.m.)
Basic Wage
on said day PhP698.10 / 8
PhP87.26
Hourly Rate of BW PhP67.13
Formula (Hourly rate of the Basic Wage x 130% x 130% x number of hours worked)
Application: (PhP67.13 x 130% x 130% x 3 hours)
(PhP87.269 x 130% x 3 hours)
(PhP113.4497 x 3 hours)
PhP340.3491
PhP340.35
Total Pay forMay 13, 2019, 2019
Pay for the First 8 hours + OT Pay
PhP698.10 + PhP340.35
PhP1,038.54
For work done during a special day that also falls on employee’s rest day, he shall be paid an additional 50% of his basic wage on the first eight hours of work.
Illustration:
X was required to work onMay 13, 2019, 2019 which was his restday, and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. His pay shall be as follows:
Basic Wage PhP537.00
Formula [(Basic Wage x 150%) + COLA]
Application: [(PhP537.00 x 150%)]
[(PhP537.00 x 1.5)]
PhP805.50
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For work done in excess of eight hours or overtime work during a special day that also falls on employee’s rest day, he shall be paid an additional 30% of the hourly rate on said day.
Illustration:
X was required to work onMay 13, 2019, 2019 which was his restday, and he reported from 8:00 a.m. to 5:00 p.m. He has a one-hour lunch break. However, he was required to work overtime from 5:01 p.m. until 8:00 p.m. or for 3 hours.
His pay shall be as follows:
For the First 8 Hours (8 a.m. to 5 p.m.)
Basic Wage PhP537.00
Formula [(Basic Wage x 150%) + COLA]
Application: [(PhP537.00 x 150%)]
[(PhP537.00 x 1.5)]
PhP805.50
For Overtime Work (5 p.m. to 8 p.m.)
Basic Wage
on said day PhP805.50 / 8
PhP100.69
Hourly Rate of BW PhP67.13
Formula (Hourly rate of the Basic Wage x 150% x 130% x number of hours worked)
Application: (PhP67.13 x 150% x 130% x 3 hours)
(PhP100.695 x 130% x 3 hours)
(PhP130.9035 x 3 hours)
PhP392.7105
PhP392.71
Total Pay for May 13, 2019, 2019
Pay for the First 8 hours + OT Pay
PhP805.50 + PhP392.71
PhP1,198.21
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