Pay Rules for REGULAR holidays:
If the holiday falls on an employee’s regular workday:
If the day is worked, the employee is entitled to 200 percent of his or her daily wage on the first eight hours and, for work in excess of the eight hours, to an additional 30 percent of his or her hourly rate on the said day. If unworked, the employee is entitled to 100 percent of the regular daily rate, provided he or she was present, or was on leave with pay, on the workday immediately preceding the holiday.
If the day is the employee’s rest day:
If the day is the employee’s rest day and the day is worked, he or she is entitled to 260 percent of his or her daily rate on the first eight hours, plus 30 percent for work in excess of eight hours on the said day. But if unworked, the employee is entitled only to 100 percent of his regular rate, provided he or she was present, or was on leave with pay, on the workday immediately preceding the holiday.
Finally, in case the day immediately preceding the holiday is a non-working day in the establishment, or is the scheduled rest day of the employee, the employee shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the regular holiday pay.
Pay Rules for SPECIAL (non-working) days:
- “No work, no pay”: By law, workers not required or permitted to work on the said day are not entitled to any compensation. This, however, is without prejudice to any voluntary company practice, or provision in a Collective Bargaining Agreement (CBA), if there is any, providing for payment of wages and other benefits on the special non-working day, even if it is unworked.
- On the other hand, work performed during this special day merits additional compensation of not less than 30 percent on top of the basic pay, or a total of 130 percent; and at least 50 percent over and above the basic pay, or a total of 150 percent, if a worker is permitted or required to work on said day, which may be his or her scheduled rest day.
Art. 13. – When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day included. (7a)
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare Monday, 24 December 2012, as a special (non-working) day throughout the country.
via Proclamation No. 361, s. 2012 | Official Gazette of the Republic of the Philippines.
NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare Saturday, 7 April 2012 as a special (non-working) day throughout the country.
via Proclamation No. 360, s. 2012 | Official Gazette of the Republic of the Philippines.
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ARTICLE 291. Money claims. – All money claims arising from employer-employee relations accruing during the effectivity of this Code shall be filed within three (3) years from the time the cause of action accrued; otherwise they shall be forever barred.
ARTICLE 285. Termination by employee. -
(a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
(b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
- Serious insult by the employer or his representative on the honor and person of the employee;
- Inhuman and unbearable treatment accorded the employee by the employer or his representative;
- Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
- Other causes analogous to any of the foregoing.
ARTICLE 284. Disease as ground for termination. - An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
ARTICLE 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
From G.R. No. 166208:
To clarify, the following should be considered in terminating the services of employees:
The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.
After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.