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Thursday, 17 February 2011

Philippines Holiday

philippines holiday_3"philippines holiday"
Ruling based on labor code of the Philippines: employee asked to work on a regular holiday but come in late?

Please do help me and citing definite websites or ruling will be appreciated. Thank you.


The Labor Code of the Philippines, Book III

Art. 93. Compensation for rest day, Sunday or holiday work.

1. Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day.
2. When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays.
3. Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage.
4. Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate.

Art. 94. Right to holiday pay.

1. Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;

2. The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and

3. As used in this Article, "holiday" includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for holding a general election.
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In my previous work in the Philippines, I am paid by salary (not hourly rate) so if I'm late or if I take off for the day, I don't get docked. I get paid for a holiday even if I'm late or without actually working on it.

If you are hourly paid, you clock in and clock out and you get paid by the number of hours you work, so if you're late or if you take off then you don't get paid.

**Note: Check also DOLE for any bulletin update.


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