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	<title>Comments on: Computation of pay for holidays: Regular, special non-working, special working</title>
	<atom:link href="http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/feed/" rel="self" type="application/rss+xml" />
	<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/</link>
	<description>Philippine laws and legal system (JLP-Law blog)</description>
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		<title>By: engot</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-13194</link>
		<dc:creator>engot</dc:creator>
		<pubDate>Wed, 18 Nov 2009 08:19:52 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-13194</guid>
		<description>hi i am a daily paid employee who is working Mondays to Saturdays. My only rest day is Sunday. What if i worked on my rest day, is there any additional percentage on my salary for that day?
thanks... i learned a lot..</description>
		<content:encoded><![CDATA[<p>hi i am a daily paid employee who is working Mondays to Saturdays. My only rest day is Sunday. What if i worked on my rest day, is there any additional percentage on my salary for that day?<br />
thanks&#8230; i learned a lot..</p>
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		<title>By: Eid&#8217;l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009 at Philippine e-Legal Forum</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-13164</link>
		<dc:creator>Eid&#8217;l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009 at Philippine e-Legal Forum</dc:creator>
		<pubDate>Thu, 29 Oct 2009 03:45:36 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-13164</guid>
		<description>[...] Arroyo on April 12, 2009, the following rules for pay on regular holidays, as provided for in DOLE Memorandum Circular No. 01 (dated March 8, 2004), shall apply on November 27-28, [...]</description>
		<content:encoded><![CDATA[<p>[...] Arroyo on April 12, 2009, the following rules for pay on regular holidays, as provided for in DOLE Memorandum Circular No. 01 (dated March 8, 2004), shall apply on November 27-28, [...]</p>
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	<item>
		<title>By: confusedgal</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-13085</link>
		<dc:creator>confusedgal</dc:creator>
		<pubDate>Mon, 28 Sep 2009 11:45:42 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-13085</guid>
		<description>Hi,

I am an I.T. Consultant. My contract was recently renewed to a company I have been with for years now. However, I was told that there will be no holiday pay for me anymore. I am paid every month for a fixed salary. I am considered a Contractor since I am not a regular employee of the company. I don&#039;t have paid leaves too (but this is acceptable because I am a contractor). My daily rate is computed as monthly rate divided by 21.8333. Given this computation, I can tell that I should get paid for holidays. 

In my contract, there was no stipulation that I won&#039;t get paid for holidays. They only advised me of this policy verbally.

I have a couple of questions:
1. Is the policy binding even if I was only told verbally and not stipulated in my contract?
2. Can the company legally do that (i.e. not pay me for holidays)? Is it their right?

I hope to hear from you soon.

Many thanks in advance!</description>
		<content:encoded><![CDATA[<p>Hi,</p>
<p>I am an I.T. Consultant. My contract was recently renewed to a company I have been with for years now. However, I was told that there will be no holiday pay for me anymore. I am paid every month for a fixed salary. I am considered a Contractor since I am not a regular employee of the company. I don&#8217;t have paid leaves too (but this is acceptable because I am a contractor). My daily rate is computed as monthly rate divided by 21.8333. Given this computation, I can tell that I should get paid for holidays. </p>
<p>In my contract, there was no stipulation that I won&#8217;t get paid for holidays. They only advised me of this policy verbally.</p>
<p>I have a couple of questions:<br />
1. Is the policy binding even if I was only told verbally and not stipulated in my contract?<br />
2. Can the company legally do that (i.e. not pay me for holidays)? Is it their right?</p>
<p>I hope to hear from you soon.</p>
<p>Many thanks in advance!</p>
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		<title>By: An anti-labor proclamation? &#171; Random Salt</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-13078</link>
		<dc:creator>An anti-labor proclamation? &#171; Random Salt</dc:creator>
		<pubDate>Tue, 08 Sep 2009 17:16:04 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-13078</guid>
		<description>[...] entitle the employee to compensation above his/her basic rate. (The JLP Law Blog has an interesting post on the applicability of these rules to employees who are paid daily versus employees who are paid [...]</description>
		<content:encoded><![CDATA[<p>[...] entitle the employee to compensation above his/her basic rate. (The JLP Law Blog has an interesting post on the applicability of these rules to employees who are paid daily versus employees who are paid [...]</p>
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		<title>By: July 27 Special WORKING Holiday: the monetary implication &#171; Duran Law Offices</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-12860</link>
		<dc:creator>July 27 Special WORKING Holiday: the monetary implication &#171; Duran Law Offices</dc:creator>
		<pubDate>Fri, 24 Jul 2009 20:24:02 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-12860</guid>
		<description>[...] For work performed, an employee is entitled only to his basic rate. No premium pay is required since work performed on said days is considered work on ordinary working days. xxx&#8221; (emphasis supplied) (special thanks to pinoy business and jlp) [...]</description>
		<content:encoded><![CDATA[<p>[...] For work performed, an employee is entitled only to his basic rate. No premium pay is required since work performed on said days is considered work on ordinary working days. xxx&#8221; (emphasis supplied) (special thanks to pinoy business and jlp) [...]</p>
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		<title>By: fulcrum</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-12857</link>
		<dc:creator>fulcrum</dc:creator>
		<pubDate>Fri, 24 Jul 2009 09:19:07 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-12857</guid>
		<description>@ kidsmd

Yes, you are entitled to a holiday pay. 

@ emil licerio

Yes they are provided that they work on the preceding day before the holiday. Except if there is an existing CBA or agreement between parties.

@ razimatazi

No holiday pay will re paid at any day, even if you are a regular employee. Meaning, even regular holidays will not be paid except if there is existing CBA agreement. Why? Because your leave has no pay.

@ Vinz825

Yes, you are entitled to a holiday pay from 12:00am to 8:00am of April 6 and 11pm to 12:00 Midnight of April 6 as well.</description>
		<content:encoded><![CDATA[<p>@ kidsmd</p>
<p>Yes, you are entitled to a holiday pay. </p>
<p>@ emil licerio</p>
<p>Yes they are provided that they work on the preceding day before the holiday. Except if there is an existing CBA or agreement between parties.</p>
<p>@ razimatazi</p>
<p>No holiday pay will re paid at any day, even if you are a regular employee. Meaning, even regular holidays will not be paid except if there is existing CBA agreement. Why? Because your leave has no pay.</p>
<p>@ Vinz825</p>
<p>Yes, you are entitled to a holiday pay from 12:00am to 8:00am of April 6 and 11pm to 12:00 Midnight of April 6 as well.</p>
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		<title>By: Demysitfying July 27 and the Term &#8220;Special Working Holiday&#8221; &#124; fritzified.com</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-12772</link>
		<dc:creator>Demysitfying July 27 and the Term &#8220;Special Working Holiday&#8221; &#124; fritzified.com</dc:creator>
		<pubDate>Wed, 08 Jul 2009 09:29:38 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-12772</guid>
		<description>[...] Source for Memorandum Circular No. 1 should have been this permalink, as provided in the DOLE website but, since the link is currently returning a &#8220;not found&#8221; error, I looked for a reproduction of the MC&#8217;s text elsewhere. I then got led to the JLP-Law Blog. [...]</description>
		<content:encoded><![CDATA[<p>[...] Source for Memorandum Circular No. 1 should have been this permalink, as provided in the DOLE website but, since the link is currently returning a &#8220;not found&#8221; error, I looked for a reproduction of the MC&#8217;s text elsewhere. I then got led to the JLP-Law Blog. [...]</p>
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	<item>
		<title>By: Vinz825</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-12378</link>
		<dc:creator>Vinz825</dc:creator>
		<pubDate>Tue, 21 Apr 2009 12:57:14 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-12378</guid>
		<description>Hi,

My situation is I&#039;m a call center employee working at night and I would like to know If I&#039;m eligible for a holiday pay if it falls the day after my shift starts?

e.g.
I start work at 11pm (Sunday/April5) until 8am the following day (Monday/April6). Am I entitled for the April6 Holdiday pay?

According to the company I&#039;m working for I&#039;m not entitled for the holiday pay since my &quot;shift&quot; started Sunday even though almost almost all of my working hours fall on a holiday.

Regards,
Vinz825</description>
		<content:encoded><![CDATA[<p>Hi,</p>
<p>My situation is I&#8217;m a call center employee working at night and I would like to know If I&#8217;m eligible for a holiday pay if it falls the day after my shift starts?</p>
<p>e.g.<br />
I start work at 11pm (Sunday/April5) until 8am the following day (Monday/April6). Am I entitled for the April6 Holdiday pay?</p>
<p>According to the company I&#8217;m working for I&#8217;m not entitled for the holiday pay since my &#8220;shift&#8221; started Sunday even though almost almost all of my working hours fall on a holiday.</p>
<p>Regards,<br />
Vinz825</p>
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		<title>By: razimatazi</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-12058</link>
		<dc:creator>razimatazi</dc:creator>
		<pubDate>Sun, 01 Feb 2009 02:41:41 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-12058</guid>
		<description>what if a regular, monthly paid employee files for leave of absence WITHOUT pay before a long holiday(comprised of regular and special non-working holiday) regular holidays shall be paid but will they be covered or exempted from special non- holiday pay? Thanks!</description>
		<content:encoded><![CDATA[<p>what if a regular, monthly paid employee files for leave of absence WITHOUT pay before a long holiday(comprised of regular and special non-working holiday) regular holidays shall be paid but will they be covered or exempted from special non- holiday pay? Thanks!</p>
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		<title>By: emil licerio</title>
		<link>http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/comment-page-1/#comment-12002</link>
		<dc:creator>emil licerio</dc:creator>
		<pubDate>Thu, 01 Jan 2009 23:59:35 +0000</pubDate>
		<guid isPermaLink="false">http://jlp-law.com/blog/computation-pay-holidays-regular-special-non-working-special-working/#comment-12002</guid>
		<description>are newly hired, contractual and/or probationary employees on daily rates entitled to the regular holiday pay? please advise. Thank you.</description>
		<content:encoded><![CDATA[<p>are newly hired, contractual and/or probationary employees on daily rates entitled to the regular holiday pay? please advise. Thank you.</p>
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