Those working today, 25 December 2016, and whose scheduled rest day is on a Sunday, shall be paid at least 260% of their regular wage.

Tag your friends who are working today.

Today, 25 December 2016, is both a Sunday and a regular holiday (Republic Act No. 9489, Proclamation No. 1105, s. 2015).

DISCLAIMER: All information is offered as is with no guarantees about its accuracy and nothing here is meant to provide legal advice to anyone.

Note that the provisions below do not apply to (1) workers in retail and service establishments regularly employing less than ten (10) workers (Art. 94, Labor Code), (2)to employees of the government and any of the political subdivision, including government-owned and controlled corporations with original charters (Art. IX-B, Section 2(1) of the 1987 Constitution), (3) domestic helpers and persons in the personal service of another, (4) managerial employees as defined in Book Three of the Labor Code, and (5) field personnel and other employees whose time and performance 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 (Book Three, Rule IV, Section 1 of the Omnibus Rules Implementing the Labor Code).

Those working today and whose scheduled rest day is on a Sunday shall be paid at least 260% of their regular daily wage [200% + (30% of 200%)]. If their scheduled rest day is not on a Sunday, they shall be paid at least 200% of their regular daily wage. This is pursuant to Book Three, Rule IV, Section 4 of the Omnibus Rules Implementing the Labor Code:

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. 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.

Those not working today are entitled to their regular daily wage, pursuant to Article 94 of the Labor Code:

Right to Holiday Pay. (a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers.

(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

(c) xxx (see Republic Act No. 9489)

Those working overtime and whose scheduled rest day is on a Sunday are entitled to an overtime pay equivalent to 338% [260% + (30% of 260%)] of their regular daily wage. If their scheduled rest day is not on a Sunday, they are entitled to an overtime pay equivalent to 260% [200% + (30% of 200%)] of their regular daily wage. This is pursuant to Book Three, Rule IV, Section 5 of the Omnibus Rules Implementing the Labor Code:

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.

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 plus 30% thereof.

Thus, based on the current minimum wage for workers in the non-agricultural sector in the National Capital Region (P491.00) according to Wage Order No. NCR-20, the mentioned workers are entitled to the following pay today, 25 December 2016:

Scheduled rest day is on a Sunday

  • Wage = 260% of P491 = P1,276.60
  • Overtime Pay for every hour of overtime = 338% of (P491 / 8) = P207.4475 (multiply by 4 if overtime is for four hours = P829.79)
  • If with overtime, add Overtime Pay to Wage to get total pay for 25 December 2016: P1,276.60 + (P207.4475 x __ hours of overtime) –> Example: if four hours overtime: P1,276.60 + (P207.4475 x 4 hours of overtime) = P2,106.39

Scheduled rest day is NOT on a Sunday

  • Wage = 200% of P491 = P982.00
  • Overtime Pay for every hour of overtime = 260% of (P491 / 8) = P159.575 (multiply by 4 if overtime is for four hours = P638.30)
  • If with overtime, add Overtime Pay to Wage to get total pay for 25 December 2016: P982.00 + (P159.575 x __ hours of overtime) –> Example: if four hours overtime: P982.00 + (P159.575 x 4 hours of overtime) = P1,620.30

Did not work today: P491.00

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