Absent Before Holiday But Paid (Philippine Labor)

Wednesday, September 4, 2013 |

Those who read my previous post would know that me and my family has just survived a flood on the third week of August. If you haven't read it, please click HERE.
That being said, i missed work on August 19th and August 20th, i would have missed August21st too however that day was particularly declared by the Philippine President as Special Non Working Holiday. See declaration HERE.
According to the Policies that I'm aware of, I am not supposed to be paid on August 21st, that is because I was absent on the 20th. But I still checked with the experts just to be sure.

Do you know the Philippines Labor Code on absence before the Holidays?  I thought i do, but in my quest for a more definite information i went to DOLE's website and submitted a legal query.

Here's My Inquiry

Good Morning.
I would like to inquire about the Holiday Pay on August 21 (Special Holiday)
I heard that its written in the labor code(or law) that Holiday would
be considered unpaid if you miss work the working day prior to the
holiday. Does this apply to Aug 21? being that only a special holiday
not a regular Holiday?

Im working in Pasig and is living in Laguna, my house is flooded on
Aug 19th, therefore i was absent from work on Aug 19th and 20th. Our
town was badly hit by storm and monsoon rains and the whole province
of Laguna is placed under state of calamity.

I would like to know. Will i not get paid for Aug21?
By the way, i am monthly based employee, not daily basis(no work no pay staff)

Please advice.Please reply soon...
Much tomy delight, after 4 hours i got a reply from DOLE, it was sent to the email address that i provided in the inquiry page.
This is their reply:


First, we must make this clear that August 21-Ninoy Aquino Day is a SPECIAL NON-WORKING HOLIDAY (Arts. 91-93 of the Labor Code) and NOT a REGULAR HOLIDAY (Art. 94 of the Labor Code).

Being a special non-working holiday, the rule in Article 94 regarding attendance on the day immediately preceding the regular holiday is NOT applicable.

SPECIAL NON-WORKING HOLIDAYS are covered by the rules found in Article 91-93 (PREMIUM PAY) of the Labor Code.

Premium pay refers to the additional compensation for work performed within eight (music) hours on nonwork days, such as rest days and special days.

Unless otherwise modified by law, order, or proclamation, the following are the three (3) special days in a year under Executive Order No. 292, as amended by Republic Act 9849 that shall be observed
in the Philippines:

1.) Ninoy Aquino Day Monday nearest August 21
2.) All Saints Day November 1
3.) Last Day of the Year December 31

A.DAILY PAID WORKERS (no work no pay salary basis)

The “no work, no pay” principle applies during special days and on such other special days as may be proclaimed by the President or by Congress.

Workers who are not required or permitted to work on special days are not entitled to any compensation. This, however, is without prejudice to any voluntary practice or provision in the Collective Bargaining Agreement (CBA) providing for payment of wages and other benefits for
days declared as special days even if unworked.

On the other hand, work performed on special days merits additional compensation of at least thirty percent (30%) of the basic pay or a total of one hundred thirty percent (130%). Where the employee works on a special day falling on his rest day, he/she shall be entitled to an additional compensation of at least fifty percent (50%) of his/her basic wage or a total of one hundred fifty percent(150%).

Since you did not work on August 21, Ninoy Aquino Day, you are not entitled to Premium Pay under Article 91-93 of the Labor Code.


B.MONTHLY PAID EMPLOYEE refers to one who is paid his wage or salary for every day of the month, including rest days, Sundays, regular or special days, although he does not regularly work on these days.

If you fall in the above category, your special day pays are already factored in your monthly pays because you are paid on every day of the month although you do not regularly work on those days. So it does not matter if you were absent on the day of the special non-working holiday because you are still
paid your daily pay regardless.

It will be different in case of Regular Holiday Pay (Art. 94). Even if you are monthly paid, 1.) if you are present or is on approved leave with pay on the day immediately preceding the regular holiday and 2.) on the day of the regular holiday you reported for work, satisfying these 2 conditions will
entitle you to double pay (daily pay + holiday pay or 200% of your daily rate).

For more information, kindly inquire with the Bureau of Working Conditions (BWC) at this number 527-3000 locals 301 or 302 (Wages and Hour Standards), 303 or 407 (Occ. Health and Safety), 304 or 307 (Labor Standards), 309 or 308 (Inspection Standards).

We hope this answers your query. Thank you for writing.


So for those who are wondering, Yes i will be paid holiday pay. It is also confirmed by the HR that we will follow whats in the Labor Code. By the way 2013 has a bunch of Special Holidays (i just notice now), when typically it is just 3, but this year the special holidays are as follows:

        B. Special (Non-Working) Days
        Black Saturday
        Ninoy Aquino Day
        All Saints Day
        Additional special (non-working) days
        Day before Christmas
        Last Day of the Year
March 30
August 21 (Wednesday)
November 1 (Friday)
November 2 (Saturday)
December 24 (Tuesday)
December 31 (Tuesday)

 Happy Payday Everyone!

Hurray!

5 comments:

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Anonymous said...

Just to ask for clarification if the employee work on regular holiday but absent before the regular holiday is he entitled to have double pay?

GHERA said...

HI, can you give us the link of your inquiry to DOLE? thank you :)

piratedLMR said...

I'm Elmer.
My leave started on November 2,2016 and my company didnt pay me for October 31 and November 1, 2016,did they follow the labor code ? i am now confused

james abram said...

Hi thanks for clarifying this Mauee, I'm also confused on the said scenario above. By the way, do you know where I can get the best labor law attorney in the philippines?