With this, it connects with the holidays declared under Proclamation No. 1236 declaring 1 November 2022 (All Saint’s Day) and 2 November 2022 (All Soul’s Day).

The declaration of 31 October 2022 as special day is aimed to strengthen family ties and promote domestic tourism.

Below is a copy of Proclamation No. 79 (Original File Not Mine):

Proclamation No. 1236 issued on 29 October 2021, declared, among others, National Heroes Day as a regular holiday to be observed in the country falling on 29 August 2021 (Last Monday of August).

See PDF Copy of Proclamation No. 1236 (Original File not mine).

Hence, on 25 August 2021 the Department of Labor and Employment (DOLE) issued Labor Advisory 16, Series of 2022 on the computation of pay during this regular holiday.

Thus, the regular holiday to be paid based on circumstances is as follows:

1. The employee did not work

If the employee in NCR did not work on the regular holiday mentioned, she shall be paid 100% of the wage. Since the NCR rate will be used there is no COLA.

Formula:    [(Basic Wage + COLA) X 100%]

Illustration:

PhP570.00 x 100%       = PhP570.00

1. The employee worked

If the employee worked on the regular holiday he shall be paid an additional 100% of his wage for that day for the first eight hours.

Formula:    [(Basic Wage + COLA) X 200%]

Illustration:

PhP570.00 x 200%    = PhP1,140.00

If the employee worked in excess of eight hours or overtime work, he shall be paid additional 30% of his hourly rate on said regular. For instance, he worked for two (2) hours.

Formula:    [(Hourly Rate of the Basic Wage X 200% x 130% x number of hours worked]

Illustration:

PhP570.00 / 8 hours = PhP71.25

OT work rate 130%

OT work is 2 hours

PhP71.25 x 200% x 130% x 2

PhP142.50 x 130% x 2

PhP185.25 x 2

PhP370.50

Thus:

First 8 hours                                   PhP1,140.00

OT Work of 2 hours                         PhP   370.50

TOTAL PAY                                   PhP1,510.50

If the employee worked on regular holiday which also falls on his rest day he shall be paid additional 30% of the basic wage of 200%.

Formula:    [(Basic Wage + COLA) 200%] + [30% (Basic Wage  x 200%)]

Illustration: (Disregard COLA there being no COLA in NCR)

[PhP570.00 x 200%] + [30% (PhP570.00 x 200%)]

PhP1,140.00 + [30% (PhP1,140.00)]

PhP1,140.00 + PhP342.00

PhP1,482.00

         If he rendered overtime work on a regular holiday which falls also on his rest day, he shall be paid an additional 30% of his hourly rate on said day. For instance, he worked for 2 hours.

Formula:    (Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked)

Illustration:

PhP570.00 / 8 hours = PhP71.25

OT work rate 130%

OT work is 2 hours

PhP71.25 x 200% x 130% x 130% x 2

PhP142.50 x 130% x 130% x 2

PhP185.25 x 130% x 2

PhP240.825 x 2

PhP481.65

Thus:

First 8 hours (rest day)          PhP 1,482.00

OT Work of 2 hours                PhP    481.65

TOTAL PAY                          PhP1,963.65

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin

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Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

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