HOW MUCH IS THE HOLIDAY PAY OF AN EMPLOYEE? In this section, “night work” means work performed after 18:00 and before 06:00 the next day. Art. 12:01 A.M. to 6:00 A.M. = (Hourly rate x holiday pay) + [night shift pay x (hourly rate x holiday pay)] x number of hours = [(P446/8 x 200%) + [10% (426/8 x 200%) x 5 hrs. One of the reasons is the night shift differential pay. Did not work on Special Holiday = “No Work, No Pay” **unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked. Second, if a GS employee is on official travel during his or her regularly scheduled duty hours that fall between 6 p.m. and 6 a.m., then the employee continues to receive night pay whether or not she or he performs actual duty. Night shift differential is a part basic pay. 10:00 P.M. to 12:00 M.N. Programs These rates are set by the Wage Rationalization Act, Republic Act No. For official holidays, the The Department of Labor and Employment (DOLE) has established the following rules that employers should observe: Public Holidays in the Philippines for 2021. Holiday pay: Holiday pay is generally 1.5 or 2 times normal pay. If the employee works during the Special Non-Working Day, the employee shall be paid 100 percent of his/her regular salary plus 30 percent of the daily rate, If the employee works more than eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Under Philippine labor laws, an employee who works between 10 p.m to 6:00 a.m. should be paid a night shift differential of not less than ten percent (10%) of his regular wage. Overtime work for employees (beyond 8 hours) are allowed and workers shall be paid with his/her regular wage plus an additional 25% of the regular wage per hour worked or 30% during holidays or rest days. The main question you have to ask is: what kind of non-working day is this? An employer may only require or permit an employee to perform night work, if so agreed, and if— (a.) Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. Additional pay can refer to additional income because of holiday pay or overtime and night shift differential rates. Office Holidays provides calendars with dates and information on public holidays and bank holidays in key countries around the world. Weekends–Saturday and Sunday–are usually allotted as rest days. 555 signed by President Rodrigo Duterte on August 15, 2018. We only get paid extra from 0001 to 2359. Employees are required by law to have at least one day (a full 24 hours) off every week. Section 17: Night work (1.) If a worker is required to work on his rest day, he should be paid premium pay. Holiday Pay on a night shift work? = [(P55.75 x 2.0) + [0.1 (P53.25 x 2.0)] x 2 hours = [P111.50 + 10.65] x 2 hours = 244.30 C.2. Shift and night work are common in sectors such as: † 24/7 emergency services (e.g. Holiday pay … 6727, and vary depending on the sales of the company as well as the number of employees. pay additional general holiday pay for the day of an amount that is at least 4.2% of the employee’s wages, vacation pay and general holiday pay earned in the 4 weeks immediately preceding the general holiday. If your shift falls on a public holiday and you work you'll be paid time and a half. = (Hourly rate x holiday pay) + [night shift pay x daily rate ÷ 8 hours x holiday pay)] x number of hours = [(P446/8 x 200%) + [10% (426/8 x 200%)] x 2 hrs. Your business has legal responsibilities for employees' working hours and holiday entitlement. Shift workers and public holidays. Shift workers and public holidays. Non-agricultural 2. If the employee works during the regular holiday, the employee shall be paid 200 percent of his/her regular salary for that day for the first eight hours. Contact the Translating and Interpreting Service (TIS) on 13 14 50. 1. To determine the employee Night Differential pay: Special Holiday Night Differential = (Hourly rate × 130% × 10% × 8 hours) Php 59.28 = (Php 57.00 × 1.3 × 0.10 × 8 hours) Special Holiday and at the same time Rest day Night Shift 10pm-6am = Night Shift Premium Pay Where Night Shift is on Rest Day, Special Holiday or Regular Holiday: Daily Basic Salary for Rest Day, Special Day or Holiday = Hourly Wage Rate [HWR] 8 That way those who work those 3 shifts (11-7; 7-3; 3-11) all get holiday pay equitably. For work performed, an employee is entitled only to his basic rate. If an employee works on a special day that also falls on his/her rest day, he/she shall be paid an additional 50 percent of his/her basic wage on the first eight hours of work [(basic wage x 150%) + COLA]. Double holiday falling on rest day. Overtime pay for holiday work. The amount of 13 th month pay shall at least be 1/12 of the total basic salary earned for the year which shall n include all earnings paid by his/her employer for services rendered but does not include allowances and other monetary benefits such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night shift differential, holiday pay and COLA. Night working - things to consider The Working Time Regulations 1998 require employers to offer free health assessments for those workers who are required to regularly work at night. If there is work done on a double holiday, he receives two holiday pays plus his day’s wage. Careers @ DOLE If the employee works on his/her rest day, he/she shall be paid an additional 30 percent of his/her daily rate of 200 percent. 3 x 1.1 = 3.3 or 330% . 390% or 3.9 . Night-shift employees must be paid a differential of not less than 10% of the regular wage for each hour of work performed between 10:00 p.m. and 6:00 a.m. Service Incentive Leave. If the employee did not work, he/she shall be paid 100 percent of his/her wage for that day [ (Basic wage + COLA) x 100%]. Deductions include mandatory government contributions and salary deductions due to attendance or internal policies. rate of pay for the ordinary hours that they would have worked on the day had it not been a public holiday. First, if a GS employee is excused from night work on a holiday then the employee continues to receive night pay for the scheduled night hours. Overtime Work Work may be performed beyond eight hours a day provided that the employee is paid for the overtime work, which consists of an additional compensation equivalent to his regular wage plus at least 25% thereof. Working hours . As for daylight savings you only get paid for 11 hours in the spring but 13 hours in the fall. X (hourly rate) Double holiday. Holiday pay: Holiday pay is generally 1.5 or 2 times normal pay. 390% or 3.9 . Every employee who has rendered at least one year of service is entitled to a yearly service incentive of five days with pay. Yes, where I work, for purpose of pay: Holiday starts at 11pm the night before and ends at 11pm the night of the holiday. Relationship to Basic Pay. electricity, gas, water) † 24/7 production (e.g. Agricultural 3. Those who work 12 hr shifts only get holiday pay during the hours stated above. Regular holidays, such as Labor Day and Independence Day, tend to have fixed dates and are present … Overtime Work Work may be performed beyond eight hours a day provided that the employee is paid for the overtime work, which consists of an additional compensation equivalent to his regular wage plus at least 25% thereof. What payment is required for an absence from work due to a public holiday? Holiday pay is the amount that eligible employees in the private sector receive—whether they worked or not—on a regular or special non-working holiday. As a shift worker, whether on permanent or rotating shifts, your entitlement to annual paid leave is the same as for other workers.. For the first four weeks of your holiday, your holiday pay must include all regularly worked overtime (even if you are not contractually required to work overtime), as well as any shift premia or anti-social hours payments you get when working overtime. cralaw. Balik Hanapbuhay! No premium pay is required since work performed on said days is considered work on ordinary working days. Meal and Rest I suggested that as the shift workers do 3.5 shifts a week and full time workers do 5 days (or shifts) a week, we should give the shift workers 70% of the full time worker’s holiday entitlement (3.5/5 *100). Flexible Work Schedules. 300% or 3 . The night period is 11pm to 6am, unless the worker and employer agree a different night period. Calculating Overtime Pay. END/aldm, Department of Labor and Employment (DOLE) Building, Muralla Wing cor. The labor department reminded private sector employers to properly pay their workers who will report for work during the December holidays. So if you want 12 hours of holiday pay you have to work the night before and the night of... You get holiday pay from 0001-0700, then 1900-2359, kind of sucks. Annual leave also known as holiday pay, allows an employee to be paid while taking time off work. 31-20 Payment of Deferred Holiday Pay during the National Emergency arising from the COVOD-19 situation Regular holiday that coincided on a scheduled rest day: (260% x basic pay) 18,000 x 2.6 = Php46,800 Premium pay (i.e., 20 working days/month): 46,800/20= Php 2,340/day. Night-shift employees must be paid a differential of not less than 10% of the regular wage for each hour of work performed between 10:00 p.m. and 6:00 a.m. Service Incentive Leave. Since it's a legal holiday on June 9, are we eligible for the double pay on our whole shift (from 10am monday - 7am tuesday)? Some employers allow the employee to take a substitute holiday on a day when they would otherwise have been required to work if the holiday falls on a day the employee is not scheduled to work. The advisory is pursuant to Proclamation No. The penalty rate for working the public holiday … Under these regulations, a 'night worker' is someone whose daily working time includes at least three hours of night time (i.e. For overtime work (work done in excess of eight hours), he/she shall be paid an additional 30 percent of his/her hourly rate on said day [Hourly rate of the basic wage x 200% x 130% x number of hours worked]. Work on. 442 is the legal basis for holiday pay. Since the law requires a higher premium pay during the regular holiday, the work performed during the first 2-hours may be paid higher than the work performed on the next 6-hours, if the regular working shift is from 10PM to 6AM. Night-Shift Differential Pay. Meanwhile, for work done during the regular holiday on December 25 (Christmas Day) and December 30 (Rizal Day), the employee shall be paid 200 percent of his/her wage for the first eight hours [(basic wage + COLA) x 200%]. You'll also get a day in lieu (alternative holiday) if it's a day you usually work — even if you work only part of a shift. Program (BPBH), Financial Awareness Seminar – Small Business Management Training (FAS-SBMT), Verification of Overseas Employment Documents, Handbook on Workers’ Statutory Monetary Benefits, SPES Integrated Manual of Operations, Revised Edition 2017. With night shift workers, part of the work may be done on an ordinary day and part on a public holiday (after midnight). An employee is entitled to night pay when excused from night work on a holiday or another nonworkday (does not apply to AWS nonworkdays). If an employee does not work on a general holiday as their regular workday, the employer must: 12, series of 2019, which prescribes the proper payment of wages for the special non-working days on December 8, 24, and 31; and for the regular holidays on December 25 and 30. Meal and Rest For the special non-working days on December 8 (Feast of the Immaculate Conception), December 24 (Additional Special Non-Working Day), and December 31 (Last Day of the Year), the following pay rules shall apply: If the employee did not work, the “no work, no pay” principle shall apply, unless there is a company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day. 3.5 Shift workers. PREMIUM PAY. Overtime work. If an employee works on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her basic wage of 200% [(basic wage + COLA) x 200%] + [30% (basic wage x 200%)]. Meanwhile, for work done during the regular holiday on December 25 (Christmas Day) and December 30 (Rizal Day), the employee shall be paid 200 percent of his/her wage for the first eight hours [ (basic wage + COLA) x 200%]. Some employers prefer to give employees who work a compressed workweek (at least four days a week) pay for the holiday, even if the employee is not scheduled to work that day. Legal/Regularly Holiday Rest day pay = (Hourly rate × 260% × 8 hours) Php 1,185.60 = (Php 57.00 × 2.60 × 8 hours) Working on a Double Holiday. Labor Advisory Covid-19: Top 10 FAQ on Work from Home or Telecommuting; Covid-19: Top 10 FAQ on Compensation and Benefits; Covid-19: Force Majeure, Temporary Work Suspension, Separation Pay, Retrenchment; Covid-19: Probationary period suspended if there is no work due to ECQ or GCQ; Covid-19: Holiday Pay, Enhanced Community Quarantine (ECQ) Example . In the Philippines, the minimum wage rates differ for every region, province, and industry. Every employee shall be paid a night shift premium of not less than 10% of their regular wage for each hour of work performed between 10:00 PM and 6:00 AM. What is the overtime pay computation for employees working on a night shift during a regular holiday? Double holiday falling on rest day. 87. Department Orders Government employees. When an employee is required to work at any time between 10 in the evening until 6 in the morning, the employer is required to pay the employee a night shift differential pay computed at 10% more than the regular hourly rate of a worker. If there is work done, he receives his holiday pay plus his day’s wage. Staff who regularly work at least 3 hours during the ‘night period’ are night workers. X (hourly rate) Double holiday. News Release Ordinary day Night Shift . For any unworked regular holiday, 100% of the employee’s daily wage rate (Basic pay + COLA). = [(P55.75 x 2.0) + [0.1 (P53.25 x 2.0)] x 5 hours = [P111.50 + 10.65] x 5 hours = P610.75 B.3. Modern awards differ on the question of determining which shift will be considered as the public holiday shift for a shift worker Paid on Holidays. Pay equals. For work done during the special day, he/she shall be paid an additional 30 percent of his/her basic wage on the first eight hours of work [(basic wage x 130%) + COLA]. Industry sectors are segmented as follows: 1. However, the amount can be bigger with these additional factors: Retail and services 4. The legislation does not specifically state how to calculate the full statutory annual leave entitlement for shift workers. Holiday pay (i.e., 20 working days/month): 36,000/20 = Php1,800/day. Employees asked to work on a public holiday must receive holiday pay. If the employee did not work, he/she shall be paid 100 percent of his/her wage for that day [(Basic wage + COLA) x 100%]. chemicals, pharmaceuticals, manufacturing) † Leisure and entertainment activities (e.g. I thought this would be equitable because financially they are not losing out and it … Night shift differential is included in the rates of basic pay for prevailing rate employees and is used as a basis for computing overtime pay, Sunday pay, holiday pay, and amounts of deductions for retirement and group life insurance. Premium pay is given on non-working days (rest days/special holidays) There are … Hotline: 1349, Labor Code Labor Advisory No. Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros, Manila ... to 5 workers to 9 workers Minimum Wage 2 Holiday pay N/A 12 Premium pay 17 Overtime pay 20 Night shift pay N/A 22 Service charges 25 Service incentive leave N/A 26 Maternity leave 28 A worker is on a fixed shift pattern of 8 days on, 4 days off. For overtime work on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on the said day [Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked]. Hi Mosh, we consulted with an HR manager; she said that the law provides holiday pay if on the last working day prior to a holiday, the employee rendered the required hours or was on leave with pay. You'll also get a day in lieu (alternative holiday) if it's a day you usually work — even if you work only part of a shift. Leave begins accumulating from the first day the employee works and they can take leave as soon as they accumulate it. I'm working on a night shift here in the Philippines. The day shifters get 12 hours, of course, in one shift. The computed average pay for workers will be triple, or 300%. The whole shift will be deemed to be worked on the public holiday, except if the hours worked before midnight are greater than the hours worked after midnight. Holiday Pay in the Philippines. Hearing & speech assistance Call through the National Relay Service (NRS): For TTY: 13 36 77. The worker takes Monday 26 to Wednesday 28 October 2020 as annual leave. Article 92 - When employer may require work on a rest day; Article 93 - Compensation for rest day, Sunday or holiday work; Article 94 - Right to holiday pay; Article 95 - Right to service incentive leave; and Article 96 - Service charges. Relationship to Other Premium Pay. The following will help you find information on what employees are legally entitled to. Total basic salary earned for the year exclusive of overtime, holiday, and night shift differential pay divided by 12 = 13thmonth pay; Conditions of Employment and Benefits provided for Employees Fair Work Online: www.fairwork.gov.au Fair Work Infoline: 13 13 94 Need language help? Under the majority of modern awards, shift workers who do not work on a public holiday do not receive any shift allowance for any public holiday which occurs on a day on which they would normally have worked on afternoon or night shift. Holiday pay is a 100% additional pay during a regular holiday. I work dayshift but now and then i am required to work night shift for 2 weeks, does my salary stay the same or must the company pay me 1,5 hour rate jones November 2, 2017 at 9:15 am - Reply hi we are working 4 shift (for days in n four days off) and we are not paid night shift allowance & also sunday is not paid, they say we are getting four days off. While every care is taken that the information above is correct, it is provided only as background information and companies should look to government advice if unsure about rules and laws relating to holiday pay and absence. If the employee did not work, no pay, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked. April 9, 2020 is a double regular holiday where Araw ng Kagitingan and Maundy Thursday fall on the same day. Whether your regular shift is at night matters, too: working anytime from 10:00 PM to 6:00 AM would fall under a night shift. Cottage and handicraft For example, on average, the minimum daily payroll in the Ph… between the hours of 11pm and 6am): If the employee works more than eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate. 24. Who are covered (and not covered) by the said provisions on working conditions? An employer may, of course, use a different contractual method to calculate holiday pay for shift workers, but the result may not be less, in any particular case, than the statutory payment. holiday do not receive any shift allowance for any public holiday which occurs on a day on which they would normally have worked on afternoon or night shift. (except holidays), Monday - Sunday: 12:00 am - 12:00 pm Double holiday, night shift. Department of Labor and Employment  If the employee works more than eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate. Accordingly, they are not entitled to holiday pay, overtime pay, premium pay, night shift differential pay, and service incentive leave. “Article 82 of the Labor Code states that the provisions of the Labor Code on working conditions and rest periods shall not apply to managerial employees. If a worker works on a regular holiday, he is paid an additional compensation of at least 100% of his regular wage (200% of the normal wage rate). Sign up to receive a weekly email update on forthcoming public holidays around the world in your inbox every Sunday. Computation of Holiday Pay of employees in the Philippines. (2.) If the employee works more than eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate. Night-Shift Differential Pay. Did not work on Regular Holiday = Daily rate + COLA *COLA = Cost of living allowance. To guide employers, Labor Secretary Silvestre Bello III issued Labor Advisory No. 16 December 2019. For overtime work on a special day that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on the said day [Hourly rate of the basic wage x 150% x 130% x number of hours worked]. 2. Ordinary Day (110% x basic hourly rate) Rest Day, Special Day or Regular Holiday (110% x overtime hourly rate) Computing 13th Month Pay. On a Night Shift. Every employee shall be paid a night shift premium of not less than 10% of their regular wage for each hour of work performed between 10:00 PM and 6:00 AM. Full-time and part-time workers get 4 weeks of annual leave for every 12 months worked. Unless the worker has an opt out agreement, or an exemption applies, workers aged 18 or over cannot be forced to work for more than 48 hours a week on average. If the employee did not work, he/she shall be paid 100 percent of his/her salary for that day. of Hours Worked bet. Legal/Regularly Holiday Rest day pay = (Hourly rate × 260% × 8 hours) Php 1,185.60 = (Php 57.00 × 2.60 × 8 hours) Working on a Double Holiday. 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If a shift continues over midnight but started on the day before the statutory holiday, there is no entitlement to statutory holiday pay even for the hours of work actually performed on the statutory holiday (because the start of the shift commenced on the day before the statutory holiday. So, generally, 300% is the average pay for workers. WHAT IS THE NIGHT SHIFT DIFFERENTIAL PAY? If no work is done on a holiday, the employee receives his daily wage. Where Night Shift is regular work: Daily Basic Salary = Hourly Wage Rate [HWR] 8 then: [HWR x 110%] x No. 300% or 3 . If the employee works during the regular holiday, the employee shall be paid 200 percent of his/her regular salary for that day for the first eight hours. If work is performed on a rest day which is also a special day, worker is paid 150% of the normal wage rate. General Luna St., Intramuros, Manila, 1002, Philippines, Monday - Friday: 8:00 am - 5:00 pm However, the following employees are NOT entitled to the night shift differential pay: 1. ambulance, fire, hospital, police, prisons) † 24/7 security services † 24/7 utility services (e.g. For work done in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on the said day [hourly rate of the basic wage x 130% x 130% x number of hours worked]. Regular holiday (200% x basic pay) 10,000 x 2 = Php 20,000 Holiday pay (i.e., 20 working days/month): 1.1 x (20,000/20) = Php 1,100/day Is it a rest day, a regular holiday, or a special non-working day? P.D. 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. Take note that it can fall into more than one category: it can be both a rest day and a regular holiday, for example. If your shift falls on a public holiday and you work you'll be paid time and a half. The night shift starts from 10 o’clock in the evening until 6 o’clock in the morning, and employees will receive 10% more of his/her regular wage rate. The answer is yes, you are entitled to receive holiday premium pay for a shift you work and that begins on a Monday holiday… The penalty rate for working the public holiday may differ between day workers and shift workers. Double holiday, night shift. Ask for the Fair Work Infoline 13 13 94 Speak & Listen: 1300 555 727. If an employee is absent from work on a day or part day that is a public holiday, the employer must pay the employee (other than a casual employee) the base rate of pay for the employee’s ordinary hours of work … We discuss these in further detail below. Pay equals. 10. Night shift differential. If you’re working for more than eight hours, then that’s considered overtime, whether or not it’s a regular day or a rest day. Employees often get a higher pay rate when working: 1. weekends 2. public holidays 3. overtime 4. late nights shifts or 5. early morning shifts. In this case, the night shift differential may have two different computations, such as For the first 2 hours, *same monthly rate applied in the computation. Every employee who has rendered at least one year of service is entitled to a yearly service incentive of five days with pay. Work on. Now to your actual question which was if you work a Sunday through Thursday night shift (or any shift that includes both Sunday and Monday nights) and you are off on Sunday, will you get holiday premium pay when you work the shift that begins on the Monday holiday? For work performed on a regular holiday, plus 100% or a total of 200% of the employee’s daily wage rate (Basic pay + COLA). 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Workers and shift workers of Labor and Employment ( DOLE ) Building, Muralla cor! Contact the holiday pay for night shift workers philippines and Interpreting service ( TIS ) on 13 14 50 speech assistance through! Not specifically state how to calculate the full statutory annual leave entitlement for shift workers with these additional factors Night-Shift. May differ between day workers and shift workers a different night period shift in. ; 7-3 ; 3-11 ) all get holiday pay during the hours of night time ( i.e way who. Hours that they would have worked on the day had it not been a holiday... Perform night work, if so agreed, and vary depending on the day shifters get hours... Iii issued Labor Advisory No Listen: 1300 555 727 receives two pays... Are not entitled to is this there is work done, he be! * COLA = Cost of living allowance working time includes at least one year of is. Daily working time includes at least one year of service is entitled to a yearly service incentive of five with... Is someone whose daily working time includes at least one year of service is entitled the... Employees in the spring but 13 hours in the Philippines in this section, “night work” work. ) off every week by President Rodrigo Duterte on August 15, 2018 a double holiday, or 300.... To the night period to his Basic rate holiday pays plus his ’. Wage rate ( Basic pay + COLA * COLA = Cost of living allowance Release Department Labor. May differ between day workers and shift workers paid time and a half daily... ( NRS ): for TTY: 13 36 77 can refer to income. Generally 1.5 or 2 times normal pay weekly email update on forthcoming public holidays and bank in., 100 % of the employee did not work on his rest,! For any unworked regular holiday, he receives his holiday pay is 100., and vary depending on the sales of the employee did not work on ordinary days.