Pay Rules on Special Working Holidays (September 3 and 8, 2019)Atty Elvin
On February 14, 2019, R.A. 11216 was enacted declaring September 3 of every year as a special working public holiday throughout the country. This is in commemoration of the surrender of the Japanese military forces led by General Tomoyuki Yamashita at the American High Commissioner’s Residence in Camp John Hay, Baguio City.
Also, on August 8, 2019 R.A. 11370 was enacted declaring September 8 of every year as a special working holiday in the entire country to commemorate the Feast of the Nativity of the Blessed Virgin Mary.
The rule is that an employee is entitled only to his basic rate for work performed during days declared as special working holidays. No premium is required since work performed on said days is considered work on ordinary working days. (See page 212, Guide on Employee Compensation and Benefits Vol. 1, 2nd Edition, 2020 by Atty. Villanueva citing DOLE Memorandum Circular No. 01, March 8, 2004).
Thus X who is a minimum wage earner shall be paid as follows:
Work from 10:00 a.m. 7:00 p.m.
Daily Wage = Basic Daily Wage x 100%
= PhP537.00 x 100%
OT Work from 7:01 p.m. 9:01 p.m. or for two (2) hours
OT Pay = Daily rate / 8 hours x 125% x number of hours of OT work
OT Pay = PhP537.00 / 8 hours x 125% x 2 hours
= P67.125 x 125% x 2 hours
=PhP83.90625 x 2 hours
Total Pay for the Day with 2 Hours OT
Total Pay = Basic Pay + OT Pay
= PhP537 + PhP167.81