CAGAYAN DE ORO CITY (PIA)--The Department of Labor and Employment (DOLE)-10 clarified that there are premiums for workers who work during special non-working and regular holidays, but no premiums for special working holidays.
Albert E. Gutib, regional director of DOLE-10, said during Talakayan sa PIA, "Sa special non-working holiday, ang rule nato ana is no work, no pay. Kung dili mutrabaho, wala'y bayad. Pero kung mutrabaho, naa siya'y additional 30%, meaning on top of his salary, naa'y 30%."
(On special non-working holidays, our rule is now "work or no pay," which means that if a worker refuses to work, there is no pay. But if he or she works, there is an additional 30%, meaning on top of his salary, there is 30%)
A worker can get as much as 130% for working on a special non-working holiday and an additional 50% if that day is his or her rest day.
Meanwhile, for the special working holidays, it is just an ordinary day, said DOLE, meaning if the worker will work, there are no premiums or additional 30% or 50%.
For regular holidays, like December 25 and January 1, if a worker goes to work a day before the holiday or the day preceding the holiday, they are considered to be paid 100%.
Further, if they work during the regular holiday, they are entitled to an additional 100%, or they will receive an equivalent of 200% of their salary. Meanwhile, if it is their rest day at the same time as a regular holiday, they will receive an equivalent of 260% of their salary.
According to Gutib, 13th month pay is based on the law of Presidential Decree No. 851, which requires all employers to give or grant 13th month pay to all rank-and-file employees who have worked at least one month in a year.
The 13th month pay must be given to employees not later than December 24 of every year. Meanwhile, companies and establishments have until January 15 of the following month to submit a report to the DOLE if they have distributed the grant to their employees.
Gutib emphasized that the 13th month pay is a right of the worker and an obligation of the employer to his workers.
He also said DOLE conducts regular monitoring or visits to various establishments, where part of their assessment is the payment of the 13th month pay.
For those that would need to file complaints at the DOLE office, Gutib said they have a "single entry approach" mechanism where workers or employees can file their request before DOLE, in field offices, the National Labor Relations Commission, or the National Regulation Conciliation Board. (JMOR/PIA-10)