Brekelenkam, Quiringh van. Interior of a Tailor’s Shop. 1653. Oil on canvas. Worcester Art Museum, Worcester. Downloaded with express permission from the Web Gallery of Art at http://www.wga.hu from site admin Emil Kren, Ph.D.. Many thanks.

      An employee who is “suffered to work”  today and during holidays shall be paid twice his or her regular rate (government employees governed by the Civil Service Law and rules).

 

        The following are the pertinent provisions of the Labor Code:

 

      Quote “Chapter 3. HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES

      Quote “Article 94. Right to holiday pay. (a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishment regularly employing less than ten workers;

      Quote   “(b) The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and  (underscoring supplied)

       Quote  “(c) As used in this Article, “holiday” includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, last Sunday of August, first of November, the thirtieth of November, the twenty-fifth and the thirtieth of December, thirty-first of December, and the day designated by law for holding a general election.

 

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       Following are the pertinent provisions of the Omnibus Rules Implementing the Labor Code:

 

        Quote “RULE IV. Holidays with Pay

 

       Quote “SECTION 1. Coverage. — This rule shall apply to all employees except:

         Quote “(a) Those of the government and any of the political subdivision, including government-owned and controlled corporation;

     Quote “(b) Those of retail and service establishments regularly employing less than ten (10) workers;

       Quote “(c) Domestic helpers and persons in the personal service of another;

       Quote “(d) Managerial employees as defined in Book Three of the Code;

         Quote “(e) 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.

 

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        Quote “SECTION 3. Holiday Pay. — Every employer shall pay his employees their regular daily wage for any worked regular holidays.

        Quote “As used in the rule, the term ‘regular holiday’ shall exclusively refer to: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the last Sunday of August, the thirtieth of November, the twenty-fifth and thirtieth of December. Nationwide special days shall include the first of November and the last day of December.

       Quote “As used in this Rule legal or regular holiday and special holiday shall now be referred to as ‘regular holiday’ and ‘special day’, respectively.

       Quote “SECTION 4. Compensation for holiday work. — Any employee who is permitted or suffered to work on any regular holiday, not exceeding eight ( 8 ) hours, shall be paid at least two hundred percent (200%) of his regular daily wage.      

          Quote “If the holiday work falls on the scheduled rest day of the employee, he shall be entitled to an additional premium pay of at least 30% of his regular holiday rate of 200% based on his regular wage rate.

       Quote “SECTION 5. Overtime pay for holiday work. — For work performed in excess of eight hours on a regular holiday, an employee shall be paid an additional compensation for the overtime work equivalent to his rate for the first eight hours on such holiday work plus at least 30% thereof.

       Quote “Where the regular holiday work exceeding eight hours falls on the scheduled rest day of the employee, he shall be paid an additional compensation for the overtime work equivalent to his regular holiday-rest day for the first 8 hours plus 30% thereof. The regular holiday rest day rate of an employee shall consist of 200% of his regular daily wage rate plus 30% thereof.” Closed-quote