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DOLE issues pay rules for April 28, 2017 holiday

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The Department of Labor and Employment (DOLE) issued yesterday Labor Advisory No. 4, series of 2017 or the Payment of Wages for the Special Non-Working Day today, 28 April 2017, as the country hosts the summit of the Association of Southeast Asian Nations (ASEAN) this week.

Malacañang Palace earlier declared April 28 as special non-working day to give way for the activities for the 30th ASEAN Summit meeting. 

Pursuant to Proclamation No. 197 issued by President Rodrigo R. Duterte on 16 August 2016, through Executive Secretary Salvador C. Medialdea on April 25, proclaiming Friday a special non-working day, the labor department mandates the following pay rules to be implemented on 28 April 2017, for the 30th ASEAN Summit Meeting:

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If the employee did not work, the no “work, no pay” principle shall apply unless there is favorable company policy, practice or collective bargaining agreement (CBA) granting payment on a special day;

For work done during a special day, he/she shall be paid an additional 30% of his/her daily rate on the first eight hours of work [(Daily rate x 130%) + COLA];

For work done in excess of eight hours (overtime work), he/she shall be paid an additional 30% of his/her hourly rate on said day (Hourly rate of the basic daily wage x 130% x 130% x number of hours worked); 

For work done during a special day that also falls on his/her rest day, he/she shall be paid an additional 50% of his/her daily rate on the first eight hours of work [(Daily rate x 150%) + COLA]; and 

For work done in excess of eight hours (overtime work) during a special day that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her hourly rate on said day (Hourly rate of the basic daily wage x 150% x 130% x number of hours worked). 

Labor secretary Silvestre Bello III said that the issuance of this pay rules advisory will be for the guidance and compliance of both workers and employers. 

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