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Comment, Memo Successive Holidays

The memorandum clarifies guidelines on holiday pay for successive holidays in December 2003 and January 2004. It states that an employee will not receive holiday pay if absent without pay the day before a regular holiday, but may still receive pay for December 25th even if absent December 23rd since December 24th is a special non-working day. It also notes the rule on successive regular holidays applies to December 31st - January 2nd. The memorandum provides additional details on interpreting the labor code and its rules regarding holiday pay eligibility.

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Hazel Katipunan
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928 views3 pages

Comment, Memo Successive Holidays

The memorandum clarifies guidelines on holiday pay for successive holidays in December 2003 and January 2004. It states that an employee will not receive holiday pay if absent without pay the day before a regular holiday, but may still receive pay for December 25th even if absent December 23rd since December 24th is a special non-working day. It also notes the rule on successive regular holidays applies to December 31st - January 2nd. The memorandum provides additional details on interpreting the labor code and its rules regarding holiday pay eligibility.

Uploaded by

Hazel Katipunan
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We take content rights seriously. If you suspect this is your content, claim it here.
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December 2, 2003

To : Ms. CMBonifacio

From : Legal Department

Re : Memorandum on Successive Holidays

I would like to submit this comment on the Memorandum dated


November 27, 2003 regarding Successive Holidays, particularly
referring to December 24 and 25, 2003, and January 1 and 2, 2004.
Please be informed of clarification on the guidelines, as follows:

a. Absence without pay on the day preceding the holiday shall not
be paid the required holiday pay unless the employee renders
work on said holiday. This should be clarified, because in the
first place, the holiday here should be one of the regular
holidays identified by the law and holiday pay is being paid on
the regular pay and not on the day immediately preceding the
regular holiday, as mentioned in the guidelines. We are of the
opinion that the correct interpretation of the Labor Code and its
Implementing Rules should be that: [i] where an employee is
on leave of absence without pay on the day immediately
preceding a regular holiday, and does not work on such regular
holiday, then he will not be paid holiday pay(anything)on the
regular holiday; [ii] where he works on the regular holiday but is
on leave of absence without pay on the day immediately
preceding it, then he would be paid holiday pay [which is 200%
of the regular daily wage]; [iii] where the employee works on
both days, then he will be paid regular daily wage on the day
immediately preceding the regular holiday and holiday pay
[which is 200% of the regular daily wage] on such regular
holiday, per Sec. 6[a], in relation to Sec, 4, Rule IV, Book III,
Omnibus Rules Implementing the Labor Code.

b. The guideline in the Memorandum that an employee shall not


be paid for both holidays [presumably, the holiday pay] if
he/she absents him/herself from work on the day immediately
preceding the first holiday, applies only when both are regular
holidays, such as on Holy Thursday and Good Friday, pursuant
to Sec. 10, of the same Rules. Hence, the guideline on non-
payment of holiday pay in this case should apply only when the
both holidays are regular holidays. December 24, 2003 is not a
regular holiday, therefore, the provision under Sec. 10 of the
Rules does not apply to December 24, 2003. It is therefore our
opinion that an employee may still be paid the holiday pay for
December 25, 2003, even if he is absent December 23, 2003.
(But what if we take into consideration Sec. 6-c ? If Dec 24 will be
considered as just a non working day or rest day, so in case the
employee does not work on Dec. 23[the day immediately preceding
the non-working day or rest day], then he would not be paid holiday
pay on Dec. 25) If he is on leave of absence without pay on
December 24, 2003,(This is not necessary because Dec. 24 is a
special non working holiday and an employee cannot be deemed to be
on leave of absence) he will still be entitled to holiday pay on
December 25, 2003 if he worked, but only regular daily pay if
he does not work on December 25, 2003.

However, the rule on Successive Regular Holidays [Sec. 10 of


the Rules] applies on December 31, 2003, January 1 & 2, 2004,
notwithstanding that December 30, 2003 was interchanged with
January 2, 2004. Exchanging December 30, 2003 with January
2, 2004 as the regular holiday would not render the successive
regular holidays rule nugatory. Thus, where an employee is
absent on December 30, 2003 he will still be entitled to holiday
pay on December 31, January 1 & 2, 2004, if he reports for
work on December 31, 2003, January 1 & 2, 2004. The only
effect if the employee reports for work on December 30, 2003 is
the payment of regular pay on that day.

c. The guideline under letter [c] of the Memorandum cprrectly


interprets Sec. 6[c] of the Rules, with clarification that the
entitlement for the holiday pay is for the worked regular holiday.

For your information, per Executive Order No. 203, dated June 30,
1987, the following are the regular holidays:

A. Regular Holidays

1. New Years day January 1


2. Maundy Thursday Movable Date
3. Good Friday Movable Date
4. Araw ng Kagitingan April 9
5. Labor Day May 1
6. Independence Day June 12
7. National Heroes Day Last Sunday of August
8. Bonifactio Day November 30
9. Christmas Day December 25
10. Rizal Day December 30

B. Nationwide Special Days

11. All Saints Day November 1


12. Last Day of the Year December 31

For your information and reference.

Atty. Romeo Ll. Alcantara

Atty. Hernando S. Sevilla

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