Private workers entitled to 230% overtime pay on Aug. 21

Employees who will go to work during the regular holiday that also falls on a special non-working day, will be paid 230 percent of their regular salary for that day for the first eight hours. (Shutterstock photo)

MANILA — Private sector workers who will report to work on Tuesday are entitled to receive 230 percent of their salary for that day, as two declared holidays fall on the same day, the Department of Labor and Employment (DOLE) said on Thursday.

Labor Advisory No. 12 issued by Labor Secretary Silvestre Bello III reminded employers of the proper pay rules for the commemoration of the Ninoy Aquino Day (Special Non-Working Day) and the observance of Eid’l Adha (Regular Holiday) next week.

Employees who will go to work during the regular holiday that also falls on a special non-working day, will be paid 230 percent of their regular salary for that day for the first eight hours.

“For work done during a regular holiday that also falls on a special day, he/she shall be paid an additional 30 percent of his/her daily rate of 200 percent [(Daily rate + COLA) x 200 percent] + [30 percent (Daily rate + 200 percent)],” the advisory said.

For work done in excess of eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day of 260 percent. (Hourly rate of the basic daily wage x 200 percent x 130 percent x 130 percent x number of hours worked).

An employee who did not report for work will be paid 100 percent of his/her salary for that day, subject to certain conditions under the implementing rules and regulations [(Daily rate + COLA) x 100 percent].

As for work done during a regular holiday that also falls on a special non-working day and the worker’s rest day, the order said the workers shall be paid 250 percent of his/her regular salary for that day for the first eight hours.

On the other hand, the DOLE added that if the employee does not go to work on Aug. 21, he/she must still be paid 100 percent of his/her daily salary.

On Wednesday, President Rodrigo Duterte issued Proclamation No. 556 declaring Aug. 21 as a regular holiday in observance of Eid’l Adha or the Muslim Feast of Sacrifice.

The same day also marks Ninoy Aquino Day, which was declared as a special non-working day.