Eid’l Adha as National Holiday: Computation of Holiday Pay for November 27 and 28, 2009

(Malacanang declared November 27 and 28, 2009 as “national holidays”, in observance of Eid’l Adha, one of Islam’s greatest feasts. Many were wondering if “national holiday” means a regular holiday or a special holiday. This is clarified in the Labor Advisory issued by DOLE. The full text of Proclamation No. 1808 and the DOLE Labor Advisory are reproduced below. Many were also wondering why it’s a national holiday, when RA 9492 provides that it’s a regional holiday. Proclamation 1808-A was subsequently issued, providing that Eid’l Adha is a regional holiday in ARMM, not a national holiday.)

Proclamation No. 1808

Declaring Eid’l Adha as a National Holiday

WHEREAS, RA No. 9492 provides that Eidl’ Adha shall be celebrated as a regional holiday in the Autonomous Region in Muslim Mindanao;

WHEREAS, Eidl’ Adha is one of the two greatest feasts of Islam;

WHEREAS, Eidl’ Adha falls on November 27-28, 2009;

WHEREAS, the great feasts of the Christian Church such as Christmas Day, Easter Sunday, and All Saints’ Day are national holidays;

WHEREAS, to guide our search for peace, one principle is that our society is a multi-ethnic one which should be founded on social justice for all and the institutionalized accommodation of ethnic traditions. Christian and Muslim are but a few of names to which the Filipino responds, in a wondrous testimony to our rich and varied heritage as a nation.

NOW THEREFORE I, GLORIA M. ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare November 27-28, 2009, Friday and Saturday respectively, as national holidays.

IN WITNESS WHEREOF, I have hereunder set my hand and caused the seal of the Republic of the Philippine to be affixed.

DONE on Easter Sunday, this 12th day of April, in the Year of Our Lord, Two Thousand and Nine.

————————————–

LABOR ADVISORY

TO    :     All Employers in the Private Sector

RE    :    November 27-28, 2009, Friday and Saturday respectively, as National Holidays in observance of Eid’l Adha, pursuant to Proclamation No. 1808

Pursuant to Proclamation No. 1808 issued by President Gloria Macapagal 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, 2009:

a) Holiday falls on an employee’s regular workday:

* If unworked – 100% of the regular daily rate shall apply
* If worked:

•    For the 1st 8 hours – 200% of the regular daily rate shall apply
•    In excess of 8 hours – hourly rate for the 1st 8 hours for that day shall apply, plus 30% thereof

b) Holiday falls on an employee’s rest day:

* If unworked – 100% of the regular daily rate shall apply
* If worked:

•    For the 1st 8 hours – 200% of the regular daily rate plus 30% thereof shall apply
•    In excess of 8 hours – hourly rate for the 1st 8 hours for that day shall apply, plus 30% thereof

Please be guided accordingly.

MARIANITO D. ROQUE
Secretary

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