WORKERS who would report to work on December 31 are not entitled for extra pay.
The Department of Labor and Employment (DOLE) on Friday reminded private sector companies of the pay rules for workers that would report to work on Dec. 31.
In an advisory, the agency said workers who will report to work on Dec. 31 are entitled to their usual daily wage.
“No premium pay is required since work performed on said day is considered work on an ordinary working day,” the DOLE said.
Dec. 31 is a special working day under Proclamation 1236 signed by former President Rodrigo Duterte in October last year.
Meanwhile, workers are entitled to an additional 30 percent above their daily take home pay on Jan. 2, 2023.
“For work done during the special day, the employer shall pay the employee an additional 30 percent of the basic wage on the first eight hours of work (Basic wage x 130 percent),” the advisory said.
For those who will be working on the said days, in excess of eight hours, they shall be paid an additional 30 percent of the hourly rate on said day (Hourly rate of the basic wage x 130 percent × 130 percent × number of hours worked).
If the employee report to work during the special day that also falls on his/her rest day, the employer shall pay the employee an additional 50 percent of the basic wage on the first eight hours of work (Basic wage × 150percent).
For work done in excess of eight hours during the special day that also falls on the employee’s rest day, the employer shall pay the employee an additional 30 percent of the hourly rate on said day (Hourly rate of the basic wage × 150 percent x 130 percent x number of hours worked).
On the other hand, if the worker did not report to work on said days, the “no work, no pay” principle shall apply.
“If the employee does 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,” the DOLE added.
President Ferdinand R. Marcos Jr. in Proclamation No. 90 declared Jan. 2, 2023 a special non-working day to allow Filipinos to have more time to spend with their families during the holiday season.
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