May 1 is a regular holiday; DOLE reiterates pay rules 2010-04-28 May 1 is Labor Day and is a regular holiday nationwide, the Department of Labor and Employment (DOLE) announced today.
Labor and Employment Secretary Marianito D. Roque said that this year's Labor Day will be celebrated nationwide on May 1, 2010, a Saturday, on the theme, "Manggagawang Pilipino, Kaagapay sa Pagbabago,” Roque said the Labor Day 2010 regular holiday had been affirmed under President Gloria Macapagal Arroyo's Presidential Proclamation No. 1841, which she issued earlier on July 21, 2009.
The Labor and Employment Chief said the yearly, nationwide celebration honors all the Filipino workers both at home and overseas, and affirms the greater social partnership of labor with the government, management, the civil society and other sectors.
"Labor Day is a long-cherished tradition for all Filipinos,” Roque said. "The day is both a national celebration, as well as an international event, that our trade unions have fought hard to institutionalize in our nation.
” Roque has advised the employers in the country’s private sector on the lawful holiday pay rules to be applied during the nationwide regular holiday, as follows:
1. If the holiday falls on an employee’s regular workday: · If worked, the employee is entitled to 200% of his [or her] basic wage for the first eight (8) hours and, for work in excess of the 8 hours, to an additional 30% of his or her hourly rate on the said day.
·If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay on the workday immediately preceding the holiday. 2. If the day is the employee’s rest day:
· If worked, the employee is entitled, for the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on the said day.
· If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay, on the workday immediately preceding the holiday.
3. Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he or she shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay.
Just this lunch time, the Office of the President moved the celebration of May 1 (Saturday) to May 3 (Monday), 2010. May 3 is now a non-working regular Holiday. Please make necessary schedule arrangements with your Department Managers. Thanks.
MALACANANG
Manila
BY THE PRESIDENT OF THE PHILIPPINES
PROCLAMATION NO. 2043
DECLARING MONDAY, MAY 3, 2010 AS REGULAR HOLIDAY
THROUGHOUT THE COUNTRY
WHEREAS, Proclamation No. 1841 dated July 21, 2009, declared the Regular Holidays, Special (Non-Working) Days and Special Holiday for the year 2010;
WHEREAS, Republic Act (RA) No. 9849 dated December 11, 2009 amended RA 9492 dated July 24, 2007, which in effect supersedes Proclamation No. 1841 where May 1, 2010 (Saturday) was declared as a Regular Holiday;
WHEREAS, RA 9849 provides among others, that Labor Day shall be observed on a Monday nearest May 1, which happens to be on May 3, 2010;
WHEREAS, a longer weekend encourages families to get together and strengthen their relationship towards a more productive environment, as well as promotes domestic tourism and enables employers to plan their work schedules effectively and efficiently, resulting in improved productivity, which is achieved whether the holiday falls on a Friday or Monday;
WHEREAS, RA 9849 allows the modification of the Regular Holidays and Nationwide Special Days by law, order or proclamation.
NOW, THEREFORE, I LEANDRO R. MENDOZA, Executive Secretary, by authority of Her Excellency, GLORIA MACAPAGAL-ARROYO, do hereby declare Monday, May 3, 2010, as regular holiday throughout the country.
The Department of Labor and Employment is hereby directed to issue appropriate circular to implement this Proclamation for the private sector.
Done in the City of Manila this 28th day of April, in the year of Our Lord, Two Thousand and Ten
By authority of the President:
(Sgd.) LEANDRO R. MENDOZA Executive Secretary
By the Executive Secretary:
(Sgd.) AGUSTIN S. DIZON Deputy Executive Secretary for Legal Affairs
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