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

Read more on procedural due process discussion by Atty. Elvin:

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements

On 29 October 2021 a Proclamation No. 1236 was issued, declaring, among others, June 12, 2021 (Sunday) as a regular holiday nationwide. See PDF copy of Proclamation No. 1236 here.

On 8 June 2022, the Department of Labor and Employment (DOLE) issued a Labor Advisory 14, Series of 2022 providing for rules on the payment of wages for the regular holiday on 12 June 2022.

View the PDF file of the Labor Advisory No. 14, Series of 2022 here.

Based on said pay rules, here is a sample computation of pay using a fictional scenario:

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 the said regular holiday 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. 23 has no more COLA.

Thus:

Daily Wage                   –        PhP570.00

Hourly Equivalent         –        PhP  71.25

Thus, there are two regular holidays to be paid:

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

Rule: If the employee worked on the regular holiday he shall be paid and 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

Rule: 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 holiday. 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

Rule: 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

Rule: 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

Read more on procedural due process discussion by Atty. Elvin:

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements

The Department of Labor and Employment issued Labor Advisory 14, Series of 2022 on 8 June 2022 providing for the pay rules on regular holiday on account of the Independence Day on 12 June 2022.

The issuance is pursuant to Proclamation No. 1236 issued on 29 October 2021.

See the PDF copy of Proclamation No. 1236 here.

Below is the PDF copy of the Labor Advisory 14, Series of 2022 (original file not mine)

View the PDF copies of Proclamation No. 1236 (original file not mine).

The Department of Labor and Employment (DOLE) issued Labor Advisory (LA) No. 11, Series of 2022 governing the rules on payment for this holiday. Please see the PDF copy of Labor Advisory 11, Series of 2022 below (original file not mine):