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Holiday pay if less than 8-hour work the workday before regular holiday

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Question

What is the holiday pay of a covered employee who worked less than 8 hours (e.g. 5 hours) the day immediately preceding a regular holiday?

Answer

The employee will be entitled to the complete holiday pay.

Rules

1. Covered employees are entitled to holiday pay. (Article 94, Labor Code)

2. All covered employees shall be entitled to the benefit provided herein when they are on leave of absence with pay. 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 he has not worked on such regular holiday. (Section 6, Rule IV, Book III, Omnibus Rules Implementing the Labor Code)

2. In case of doubt, all labor legislation and all labor contracts shall be construed in favor of the safety and decent living for the laborer. (Article 1702, Civil Code)

Apply

1. The employee is a covered employee who is entitled to holiday pay.

2. The employee worked on the workday immediately preceding a regular holiday, which is the only requirement to be entitled to holiday pay.

3. There is no law or regulation allowing or requiring pro rata holiday pay (unlike 13th month pay).

5. Due to lack of a specific provision of law or regulation, doubts should be resolved in favor of the employee.

Conclusion

The employee will be entitled to the complete holiday pay due in the same way as employees who have worked a full 8-hour work schedule on a workday immediately preceding the regular holiday.

References

  • Presidential Decree No. 442, a.k.a. Labor Code; and
  • Omnibus Rules Implementing the Labor Code.
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