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Date: Jan. 5, 2023, 4:56 p.m.

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Date: 2023-01-10 12:44:55.000000

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Date: 2023-01-10 19:33:58.000000

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Offset holidays

Published by Department of Labor and Employment(DOLE) on Jan. 5, 2023.
Requested from DOLE by F. Bontuyan at 04:56 PM on Jan. 5, 2023.
Purpose: Research
Date of Coverage: 01/05/2023 - 01/05/2023
Tracking no: #DOLE-857121059715

N.YATCO Jan. 5, 2023, 4:56 p.m.

Hi! Is it legal for a company to compel an employee to work during a holiday without an increase in pay? The only compensation would be an additional paid vacation leave.

J.BARBOZA Jan. 10, 2023, 12:44 p.m.

January 10, 2023 Dear Nathan, Thank you for your request dated Jan 05, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Offset holidays. We received your request on Jan 05, 2023 and will respond on or before Jan 26, 2023 04:56:23 PM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://2018midyear08242018-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtODU3MTIxMDU5NzE1DA, for request with ticket number #DOLE-857121059715. Thank you. Respectfully, Jann Barboza FOI Officer

M.VALEROS Jan. 10, 2023, 7:33 p.m.

January 10, 2023 Dear Nathan Yatco, Thank you for your request dated Jan 05, 2023 04:56:23 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for Offset holidays. Every employee covered by the Holiday Pay Rule is entitled to the minimum wage rate (daily basic wage and COLA). This means that the employee is entitled to at least 100% of his/her minimum wage rate even if he/she did not report for work, provided he/she is present or is on leave of absence with pay on the work day immediately preceding the holiday. Work performed on that day merits at least twice (200%) the daily wage of the employee. As a general rule compelling an employee to work on a holiday without holiday pay and offsetting this for an additional paid leave is NOT allowed as there will be a clear diminution of benefits. However, by law there are some sectors that are exempted from holiday pay benefit, Attached herewith is the 2022 Handbook Statutory Benefit of Workers for your perusal. Help us to continuously improve our FOI Program Implementation by accomplishing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm Thank you. Respectfully, Mark Valeros FOI Receiving Officer

Attachments:

2022_02_22_Handbook_on_Workers_Statutory_Monetary_Benefits_2022_edition.pdf - Mark Valeros - [email protected]

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