Holiday Pay Flashcards
Refers to the payment of the regular daily wage for any unworked regular holiday.
Holiday Pay
What article govern the Holiday Pay
Article 94
Holiday pay benefit applies to all employees except:
- Government employees, whether employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or controlled corporations with original charters or created under special laws;
- Those of retail and service establishments regularly employing less than ten (10) workers;
- Kasambahay and persons in the personal service of another;
- Managerial employees, if they meet all of the following conditions:
4.1 Their primary duty is to manage the establishment in which they are employed or of a department or subdivision thereof;
4.2 They customarily and regularly direct the work of two or more employees therein; and
4.3 They have the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as to hiring, firing, and promotion, or any other change of status of other employees are given particular weight. - Officers or members of a managerial staff, if they perform the following duties and responsibilities:
5.1 Primarily perform work directly related to management policies of their
employer;
5.2 Customarily and regularly exercise discretion and independent judgment;
5.3 (a) Regularly and directly assist a proprietor or managerial employee in the
management of the establishment or subdivision thereof in which he or she is employed; or (b) execute, under general supervision, work along specialized or technical lines requiring special training, experience, or knowledge; or (c) execute, under general supervision, special assignments and tasks; and
5.4 Do not devote more than twenty percent (20%) of their hours worked in a workweek to activities which are not directly and closely related to the performance of the work described in paragraphs 5.1, 5.2, and 5.3 above. - Field personnel and other employees whose time and performance is unsupervised by the employer, including those who are engaged on task or contract basis, purely commission basis or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.
Every employee covered by the Holiday Pay Rule is entitled to the minimum wage rate (daily basic wage and COLA). This means that the employee is entitled to..
at least 100% of his/her minimum wage rate even if he/she did not report for work, provided he/she is present or is on leave of absence with pay on the work day immediately preceding the holiday.
Work performed on that day merits holiday pay of
at least twice (200%) the daily wage of the employee.
Where the holiday falls on the scheduled rest day of the employee, work performed on said day merits at least
30% of the employee’s regular holiday rate of 200% or a total of at least 260%
Is it true when a regular holiday falls on a Sunday, the following Monday shall not be a holiday, unless a proclamation is issued declaring it a special day?
YES
When Araw ng Kagitingan falls on the same day as Maundy Thursday or Good Friday, a covered employee is entitled to..
at least two hundred percent (200%) of his/her daily wage even if said day is unworked. Where the employee is required to work on that day, he/she is entitled to an additional 100% of the daily wage. A total of 300%
What are the cases of Absences that is considered and not considered in giving the holiday pay.
- All covered employees shall be entitled to holiday pay when they are on leave of absence with pay on the workday immediately preceding the regular holiday. Employees who are on leave of absence without pay on the day immediately preceding a regular holiday may not be paid the required holiday pay if they do not work on such regular holiday.
- Employers shall grant the same percentage of the holiday pay as the benefit granted by competent authority in the form of employee’s compensation or social security payment, whichever is higher, if the employees are not reporting for work while on such leave benefits.
- Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he/she shall not be deemed to be on leave of absence on that day, in which case he/she shall be entitled to the holiday pay if he/she worked on the day immediately preceding the nonwork day or rest day.
What will happen when there are two (2) successive regular holidays, like Maundy Thursday and Good Friday?
an employee may not be paid for both holidays if he/she absents himself/herself from work on the day immediately preceding the first holiday, unless he/she works on the first holiday, in which case he/she is entitled to his/her holiday pay on the second holiday.
Where the covered employee is paid on piece-rate basis, his / her holiday pay shall?
not be less than his/her average daily earnings for the last seven (7) actual work days preceding the regular holiday; provided, however, that in no case shall the holiday pay be less than the applicable statutory minimum wage rate.
Is true that seasonal workers may not be paid the required holiday pay during off-season when they are not at work?
YES
Is true that workers who do not have regular working days, such as stevedores, shall be not entitled to this benefit?
FALSE. THEY ARE ENTITLED
