How to Compute Holiday Pay on Chinese New Year 2022 and EDSA Anniversary 2022
Chinese New Year Day was declared as one of the special days in Proclamation 1236 declaring 1 February 2022 (Tuesday) as Special (Non-Working) Day. Further, 25 February 2022 (Friday) was declared also declared as special non-working day.
PDF Copy of Proclamation 1236 is available here (original file not mine).
On 26 January 2022, the Department of Labor and Employment (DOLE) issued Labor Advisory 03, Series of 2022 providing rules for pay for the special (Non-Working) Day on 1 February 2022 being Chinese New Year and 25 February 2022 being EDSA Anniversary.
See the PDF version of Labor Advisory 03, Series of 2022 here (original file not mine)
For instance, Ms. Julie Henderson is a Waitress of Murana Marumifa Foodhouse located in NCR with at least twenty employees. She receives minimum wage for her pay. For instance, she worked on any of the said special non-working days and even rendered an overtime of two (2) hours. How should her pay be computed?
In the example provided below, the COLA will be disregarded since the NCR minimum wage based on
Wage Order No. 22 has no more COLA.
Thus:
Daily Wage – PhP537.00
Hourly Equivalent – PhP 67.125
The basic principle here is that 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.
Rule A:
For work done during the special day, the employee shall be paid an additional 30% of the basic wage on the first eight hours of work.
Formula: [(Basic wage x 130%) + COLA]
Sample Computation:
Special Day Pay = [(PhP537 x 130%) + 0.00]
[(PhP698.10) + 0.00]
PhP698.10
Rule B:
For work done in excess of eight hours (overtime work), the employee shall be paid an additional 30% of the hourly rate on said day
Formula: (Hourly rate of the basic wage x 130% x 130% x number of hours worked)
Sample Computation:
Overtime Pay = (PhP67.125 x 130% x 130% x 2 hours of OT)
(PhP87.2626 x 130% x 2 hours of OT)
(PhP113.44125 x 2 hours of OT)
PhP226.88
Rule C:
For work done during a special day that also falls on the employee’s rest day, he shall be paid an additional 50% of the basic wage on the first eight hours of work. This is relevant in this case considering that there are employees who consider Saturday as a rest day.
Formula: [(Basic wage x 150%) + COLA]
Sample Computation:
Special Day Pay = [(PhP537 x 150%) + 0.00]
[(PhP805.50) + 0.00]
PhP805.50
Rule D:
For work done in excess of eight hours (overtime work) during the special day that also falls on the employee’s rest day, he shall be paid an additional 30% of the hourly rate on said day
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Formula: (Hourly rate of the basic wage x 150% x 130% x number of hours worked)
Sample Computation:
Overtime Pay = (PhP67.125 x 150% x 130% x 2 OT hours)
(PhP100.6875 x 130% x 2 OT hours)
(PhP130.9375 x 2 OT hours)
PhP261.79
Thus, total pay for the day based on different rules:
Under Rule A and Rule B (Work on Special Day with OT on such Day):
Basic Daily Wage + OT of 2 Hours
PhP698.10 + PhP226.88 = PhP924.98
Under Rule C and Rule D (Work on Special Day Falling on Rest Day with OT on such Day):
Basic Daily Wage + OT of 2 Hours
PhP805.50 + PhP261.79 = PhP1,067.29
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