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MFBR lawyers and associates care!

In light of the constantly changing social and economic landscape in the world due to COVID-19, everyone at Mallari Fiel Brillante Ronquillo has taken steps to make good our steadfast commitment to serve our clients and our communities.

To this end, we designed a new business model incorporating the traditional “brick and mortar” and “virtual” law offices. This new model is to achieve the continuity of rendering our legal and business consultancy services to clients and friends, and the immediate implementation of our crisis management and business transformation activities.

Thus, we’re glad to announce that for every fortnight, half of our team will be physically present at our offices from Monday thru Friday, 8:00am to 3:00pm. Clients and our friends can reach us through our office phones and online platforms (website, emails, Facebook, LinkedIn, Zoom, etc.). And to ensure the health and safety of our staff, they have the option to be housed in the Firm’s private residence or shuttled back and forth using the company’s private vehicle. Safety protocols are also observed at our offices.

Finally, our team has prepared a series of materials around the impact of COVID-19 and related considerations. Please take time to view our sample articles and research published in our website. A complete listing and discussion of these articles are available in our newsletter to be distributed to our esteemed clients.

Should you have questions, please reach out to our Office Manager, Argie Macawile, at +632 86953395, +63977 8502357; or email our Managing Partner, Atty. Rob Mallari, at mfl@mflegal.com.ph and rpmallari@mflegal.com.ph.

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  • GUIDELINES ON PAYMENT OF HOLIDAY PAY FOR THE APRIL 2020 HOLIDAYS, ITS DEFERMENT AND EXEMPTION.

GUIDELINES ON PAYMENT OF HOLIDAY PAY FOR THE APRIL 2020 HOLIDAYS, ITS DEFERMENT AND EXEMPTION.

By: Saliha Naila Abdullah

On 30 March 2020, the Department of Labor and Employment issued Labor Advisory No. 13, series of 2020, to provide the rules on the payment of wages for the upcoming holidays next week. Accordingly, employees in the Philippines will be compensated during the three-day regular and special now-working period in the following manner:

Thursday, April 9 (Araw ng Kagitingan and Holy Thursday, Regular Holidays)

If two Regular Holidays falls on the same day, employees can expect to be paid double their daily basic wage and cost-of-living adjustment or allowance (COLA) even if they do not work that day as a result of the two regular holidays, provided that the employee was present or on leave with pay on the workday prior to the start of the enhanced community quarantine on 17 March 2020.

            Regular holiday rate for no work:

  • Computation: [(Basic wage + COLA) x 200%]

Employees who will report to work on April 9 will be paid a total of 300% of their wage for the first eight hours of work.

            Regular holiday rate for the first eight hours:

  • Computation: [(Basic wage + COLA) x 300%]

If the worker renders overtime hours on April 9, an extra 30% of their hourly wage rate on that day will apply (Overtime Premium Pay).

            Regular holiday rate for an excess of eight hours (Overtime Premium Pay):

  • Computation: (Hourly rate of the basic wage x 300% x 130% x number of hours worked)

Employees who report to work on the double-holiday during their rest day will receive an additional 30% of their 300% wage that day.

            Rest day and regular holiday rate for the first eight hours:

  • Computation: [(Basic wage + COLA) x 300%]  + [30% (Basic wage x 300%)]

An additional 30% applies if they work overtime during their rest day.

            Rest day and regular holiday rate for an excess of eight hours:

  • Computation: (Hourly rate of the basic wage x 300% x 130% x 130% x number of hours worked)

Friday, April 10 (Good Friday, Regular Holiday)

Regular holiday premium pay also applies on Good Friday for employees who were present or on leave with pay before the enhanced community quarantine was enforced on 17 March 2020.

Regular holiday rate for no work:

  • Computation: [(Basic wage + COLA) x 100%]

Regular holiday rate for the first eight hours:

  • Computation: [(Basic wage + COLA) x 200%]

Regular holiday rate for an excess of eight hours (Overtime Premium Pay):

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

Rest day and regular holiday rate for the first eight hours:

  • Computation: [(Basic wage + COLA) x 200%]  + [30% (Basic wage x 200%)]

Rest day and regular holiday rate for an excess of eight hours:

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

Saturday, April 11 (Black Saturday, Special Holiday)

Since it is a special non-working day, “the ‘no work, no pay’ principle shall apply (if the employee did not work) unless there is a favorable company policy, practice or collective bargaining agreement granting payment on a special day,” according to the Labor department.

However, if the employee reported for work on that day, the following shall be followed:

Special non-working day rate for the first eight hours:

  • Computation: [(Basic wage x 130%) + COLA]

Special non-working day rate for an excess of eight hours (Overtime Premium Pay):

  • Computation: (Hourly rate of the basic wage x 130% x 130% x number of hours worked)

Rest day and special non-working day rate for the first eight hours:

  • Computation: [(Basic wage x 150%) + COLA]

Rest day and special non-working day rate for an excess of eight hours:

  • Computation: (Hourly rate of the basic wage x 150% x 130% x number of hours worked)

Subsequently, on 01 April 2020,  in view of the Covid-19 national emergency,  the Department of Labor and Employment issued Labor Advisory No. 13-A, series of 2020 which provided for the  DEFERMENT OF and EXEMPTION FROM the PAYMENT OF HOLIDAY PAY FOR THE APRIL 2020 HOLIDAYS. Hence:

            1) Employers are allowed to defer payment of holiday pay on April 9, 10 and 11, 2020, until such time that the present emergency situation has been abated and the normal operations of the establishment is in place.

            2) Establishments that have totally closed or ceased operation during the enhanced community quarantine period are exempted from the payment of the holiday pay under this labor advisory.

Stay tuned for further updates and latest issuances from our government.

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