Ordinary day Night Shift . Did not work on Special Holiday = “No Work, No Pay” **unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked. Yes, where I work, for purpose of pay: Holiday starts at 11pm the night before and ends at 11pm the night of the holiday. Every employee shall be paid a night shift premium of not less than 10% of their regular wage for each hour of work performed between 10:00 PM and 6:00 AM. Night-Shift Differential Pay. 390% or 3.9 . Work on. A worker is on a fixed shift pattern of 8 days on, 4 days off. ambulance, fire, hospital, police, prisons) † 24/7 security services † 24/7 utility services (e.g. Hearing & speech assistance Call through the National Relay Service (NRS): For TTY: 13 36 77. Now to your actual question which was if you work a Sunday through Thursday night shift (or any shift that includes both Sunday and Monday nights) and you are off on Sunday, will you get holiday premium pay when you work the shift that begins on the Monday holiday? The amount of 13 th month pay shall at least be 1/12 of the total basic salary earned for the year which shall n include all earnings paid by his/her employer for services rendered but does not include allowances and other monetary benefits such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night shift differential, holiday pay and COLA. Holiday pay: Holiday pay is generally 1.5 or 2 times normal pay. END/aldm, Department of Labor and Employment (DOLE) Building, Muralla Wing cor. Where Night Shift is regular work: Daily Basic Salary = Hourly Wage Rate [HWR] 8 then: [HWR x 110%] x No. 300% or 3 . Department of Labor and Employment  For any unworked regular holiday, 100% of the employee’s daily wage rate (Basic pay + COLA). Meal and Rest For overtime work (work done in excess of eight hours), he/she shall be paid an additional 30 percent of his/her hourly rate on said day [Hourly rate of the basic wage x 200% x 130% x number of hours worked]. Is it a rest day, a regular holiday, or a special non-working day? = (Hourly rate x holiday pay) + [night shift pay x daily rate ÷ 8 hours x holiday pay)] x number of hours = [(P446/8 x 200%) + [10% (426/8 x 200%)] x 2 hrs. Article 92 - When employer may require work on a rest day; Article 93 - Compensation for rest day, Sunday or holiday work; Article 94 - Right to holiday pay; Article 95 - Right to service incentive leave; and Article 96 - Service charges. In this section, “night work” means work performed after 18:00 and before 06:00 the next day. If you’re working for more than eight hours, then that’s considered overtime, whether or not it’s a regular day or a rest day. If the employee did not work, he/she shall be paid 100 percent of his/her wage for that day [ (Basic wage + COLA) x 100%]. First, if a GS employee is excused from night work on a holiday then the employee continues to receive night pay for the scheduled night hours. Modern awards differ on the question of determining which shift will be considered as the public holiday shift for a shift worker I suggested that as the shift workers do 3.5 shifts a week and full time workers do 5 days (or shifts) a week, we should give the shift workers 70% of the full time worker’s holiday entitlement (3.5/5 *100). To determine the employee Night Differential pay: Special Holiday Night Differential = (Hourly rate × 130% × 10% × 8 hours) Php 59.28 = (Php 57.00 × 1.3 × 0.10 × 8 hours) Special Holiday and at the same time Rest day Night Shift Regular holiday (200% x basic pay) 10,000 x 2 = Php 20,000 Holiday pay (i.e., 20 working days/month): 1.1 x (20,000/20) = Php 1,100/day Meanwhile, for work done during the regular holiday on December 25 (Christmas Day) and December 30 (Rizal Day), the employee shall be paid 200 percent of his/her wage for the first eight hours [ (basic wage + COLA) x 200%]. The night shift starts from 10 o’clock in the evening until 6 o’clock in the morning, and employees will receive 10% more of his/her regular wage rate. 10pm-6am = Night Shift Premium Pay Where Night Shift is on Rest Day, Special Holiday or Regular Holiday: Daily Basic Salary for Rest Day, Special Day or Holiday = Hourly Wage Rate [HWR] 8 Balik Hanapbuhay! For the special non-working days on December 8 (Feast of the Immaculate Conception), December 24 (Additional Special Non-Working Day), and December 31 (Last Day of the Year), the following pay rules shall apply: If the employee did not work, the “no work, no pay” principle shall apply, unless there is a company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day. If a worker works on a regular holiday, he is paid an additional compensation of at least 100% of his regular wage (200% of the normal wage rate). Overtime pay for holiday work. Meanwhile, for work done during the regular holiday on December 25 (Christmas Day) and December 30 (Rizal Day), the employee shall be paid 200 percent of his/her wage for the first eight hours [(basic wage + COLA) x 200%]. An employer may only require or permit an employee to perform night work, if so agreed, and if— (a.) 3.5 Shift workers. No premium pay is required since work performed on said days is considered work on ordinary working days. Program (BPBH), Financial Awareness Seminar – Small Business Management Training (FAS-SBMT), Verification of Overseas Employment Documents, Handbook on Workers’ Statutory Monetary Benefits, SPES Integrated Manual of Operations, Revised Edition 2017. The answer is yes, you are entitled to receive holiday premium pay for a shift you work and that begins on a Monday holiday… Labor Advisory No. Freedom of Information, Government Procurement Policy Board (GPPB), Bureau of Workers with Special Concerns (BWSC), International Labor Affairs Bureau (ILAB), National Reintegration Center for OFWs (NRCO), National Conciliation and Mediation Board (NCMB), National Labor Relations Commission (NLRC), National Wages and Productivity Commission (NWPC), Occupational Safety and Health Center (OSHC), Overseas Workers Welfare Administration (OWWA), Philippine Overseas Employment Administration (POEA), Technical Education and Skills Development Authority (TESDA), Special Program for the Employment of Students (SPES), Employment Preservation and Regulation Program, Workers Organizations Development and Empowerment, Workers Organization and Development Program (WODP), Labor and Employment Education Services (LEES), Speedy and Efficient Delivery of Labor Justice (Project SpeED), Livelihood and Emergency Employment Program, Tulong Panghanapbuhay sa Ating Disadvantaged / Displaced Workers (TUPAD), Child Labor Prevention and Elimination Program (CLPEP), Social Amelioration Program (SAP) in the Sugar Industry, Reintegration Services for Overseas Filipino Workers, Assist WELL (Welfare, Employment, Legal, Livelihood), Livelihood Development Assistance Program (LDAP), Balik Pinay! If a shift continues over midnight but started on the day before the statutory holiday, there is no entitlement to statutory holiday pay even for the hours of work actually performed on the statutory holiday (because the start of the shift commenced on the day before the statutory holiday. Night-Shift Differential Pay. An employee is entitled to night pay when excused from night work on a holiday or another nonworkday (does not apply to AWS nonworkdays). However, the amount can be bigger with these additional factors: Did not work on Regular Holiday = Daily rate + COLA *COLA = Cost of living allowance. Since the law requires a higher premium pay during the regular holiday, the work performed during the first 2-hours may be paid higher than the work performed on the next 6-hours, if the regular working shift is from 10PM to 6AM. Calculating Overtime Pay. Work on. Take note that it can fall into more than one category: it can be both a rest day and a regular holiday, for example. News Release 555 signed by President Rodrigo Duterte on August 15, 2018. Hi Mosh, we consulted with an HR manager; she said that the law provides holiday pay if on the last working day prior to a holiday, the employee rendered the required hours or was on leave with pay. 12:01 A.M. to 6:00 A.M. = (Hourly rate x holiday pay) + [night shift pay x (hourly rate x holiday pay)] x number of hours = [(P446/8 x 200%) + [10% (426/8 x 200%) x 5 hrs. If the employee works more than eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate. chemicals, pharmaceuticals, manufacturing) † Leisure and entertainment activities (e.g. The legislation does not specifically state how to calculate the full statutory annual leave entitlement for shift workers. Programs Under these regulations, a 'night worker' is someone whose daily working time includes at least three hours of night time (i.e. If there is work done on a double holiday, he receives two holiday pays plus his day’s wage. Staff who regularly work at least 3 hours during the ‘night period’ are night workers. Unless the worker has an opt out agreement, or an exemption applies, workers aged 18 or over cannot be forced to work for more than 48 hours a week on average. If the employee works more than eight hours (overtime work) during a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate. of Hours Worked bet. Department Orders What is the overtime pay computation for employees working on a night shift during a regular holiday? PREMIUM PAY. If an employee is absent from work on a day or part day that is a public holiday, the employer must pay the employee (other than a casual employee) the base rate of pay for the employee’s ordinary hours of work … 10:00 P.M. to 12:00 M.N. The penalty rate for working the public holiday … Regular holidays, such as Labor Day and Independence Day, tend to have fixed dates and are present … Overtime Work Work may be performed beyond eight hours a day provided that the employee is paid for the overtime work, which consists of an additional compensation equivalent to his regular wage plus at least 25% thereof. If there is work done, he receives his holiday pay plus his day’s wage. The day shifters get 12 hours, of course, in one shift. Night shift differential is included in the rates of basic pay for prevailing rate employees and is used as a basis for computing overtime pay, Sunday pay, holiday pay, and amounts of deductions for retirement and group life insurance. Every employee who has rendered at least one year of service is entitled to a yearly service incentive of five days with pay. With night shift workers, part of the work may be done on an ordinary day and part on a public holiday (after midnight). Art. *same monthly rate applied in the computation. Relationship to Other Premium Pay. If your shift falls on a public holiday and you work you'll be paid time and a half. Holiday pay (i.e., 20 working days/month): 36,000/20 = Php1,800/day. That way those who work those 3 shifts (11-7; 7-3; 3-11) all get holiday pay equitably. If an employee works on a special day that also falls on his/her rest day, he/she shall be paid an additional 50 percent of his/her basic wage on the first eight hours of work [(basic wage x 150%) + COLA]. Every employee is entitled to a Night Differential of Night shift pay of not less than 10% of his regular wage for each hour of work performed between 10pm and 6am. For work done during the special day, he/she shall be paid an additional 30 percent of his/her basic wage on the first eight hours of work [(basic wage x 130%) + COLA]. Government employees. Hotline: 1349, Labor Code The whole shift will be deemed to be worked on the public holiday, except if the hours worked before midnight are greater than the hours worked after midnight. Agricultural 3. When an employee is required to work at any time between 10 in the evening until 6 in the morning, the employer is required to pay the employee a night shift differential pay computed at 10% more than the regular hourly rate of a worker. Double holiday, night shift. On a Night Shift. “Article 82 of the Labor Code states that the provisions of the Labor Code on working conditions and rest periods shall not apply to managerial employees. Second, if a GS employee is on official travel during his or her regularly scheduled duty hours that fall between 6 p.m. and 6 a.m., then the employee continues to receive night pay whether or not she or he performs actual duty. As a shift worker, whether on permanent or rotating shifts, your entitlement to annual paid leave is the same as for other workers.. For the first four weeks of your holiday, your holiday pay must include all regularly worked overtime (even if you are not contractually required to work overtime), as well as any shift premia or anti-social hours payments you get when working overtime. Full-time and part-time workers get 4 weeks of annual leave for every 12 months worked. Accordingly, they are not entitled to holiday pay, overtime pay, premium pay, night shift differential pay, and service incentive leave. Holiday pay is the amount that eligible employees in the private sector receive—whether they worked or not—on a regular or special non-working holiday. Night shift differential is a part basic pay. If the employee did not work, no pay, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked. pay additional general holiday pay for the day of an amount that is at least 4.2% of the employee’s wages, vacation pay and general holiday pay earned in the 4 weeks immediately preceding the general holiday. The computed average pay for workers will be triple, or 300%. 12, series of 2019, which prescribes the proper payment of wages for the special non-working days on December 8, 24, and 31; and for the regular holidays on December 25 and 30. Covid-19: Top 10 FAQ on Work from Home or Telecommuting; Covid-19: Top 10 FAQ on Compensation and Benefits; Covid-19: Force Majeure, Temporary Work Suspension, Separation Pay, Retrenchment; Covid-19: Probationary period suspended if there is no work due to ECQ or GCQ; Covid-19: Holiday Pay, Enhanced Community Quarantine (ECQ) Double holiday falling on rest day. For official holidays, the The Department of Labor and Employment (DOLE) has established the following rules that employers should observe: Public Holidays in the Philippines for 2021. Holiday pay … The following will help you find information on what employees are legally entitled to. Shift workers and public holidays. 1. If the employee works during the Special Non-Working Day, the employee shall be paid 100 percent of his/her regular salary plus 30 percent of the daily rate, If the employee works more than eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate on said day. Labor Advisory The labor department reminded private sector employers to properly pay their workers who will report for work during the December holidays. Total basic salary earned for the year exclusive of overtime, holiday, and night shift differential pay divided by 12 = 13thmonth pay; Conditions of Employment and Benefits provided for Employees If an employee works on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30% of his/her basic wage of 200% [(basic wage + COLA) x 200%] + [30% (basic wage x 200%)]. Since it's a legal holiday on June 9, are we eligible for the double pay on our whole shift (from 10am monday - 7am tuesday)? 24. Who are covered (and not covered) by the said provisions on working conditions? Night working - things to consider The Working Time Regulations 1998 require employers to offer free health assessments for those workers who are required to regularly work at night. Paid on Holidays. Night-shift employees must be paid a differential of not less than 10% of the regular wage for each hour of work performed between 10:00 p.m. and 6:00 a.m. Service Incentive Leave. If the employee works on his/her rest day, he/she shall be paid an additional 30 percent of his/her daily rate of 200 percent. P.D. Pay equals. Whether your regular shift is at night matters, too: working anytime from 10:00 PM to 6:00 AM would fall under a night shift. So if you want 12 hours of holiday pay you have to work the night before and the night of... You get holiday pay from 0001-0700, then 1900-2359, kind of sucks. If a worker is required to work on his rest day, he should be paid premium pay. Premium pay is given on non-working days (rest days/special holidays) There are … For overtime work on a regular holiday that also falls on his/her rest day, he/she shall be paid an additional 30 percent of his/her hourly rate on the said day [Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked]. While every care is taken that the information above is correct, it is provided only as background information and companies should look to government advice if unsure about rules and laws relating to holiday pay and absence. Shift workers and public holidays. Office Holidays provides calendars with dates and information on public holidays and bank holidays in key countries around the world. HOW MUCH IS THE HOLIDAY PAY OF AN EMPLOYEE? We discuss these in further detail below. Employees are required by law to have at least one day (a full 24 hours) off every week. SECTION 5. Working hours . 16 December 2019. If the employee works more than eight hours (overtime work), he/she shall be paid an additional 30 percent of his/her hourly rate. I work dayshift but now and then i am required to work night shift for 2 weeks, does my salary stay the same or must the company pay me 1,5 hour rate jones November 2, 2017 at 9:15 am - Reply hi we are working 4 shift (for days in n four days off) and we are not paid night shift allowance & also sunday is not paid, they say we are getting four days off. If the employee works during the regular holiday, the employee shall be paid 200 percent of his/her regular salary for that day for the first eight hours. electricity, gas, water) † 24/7 production (e.g. Every employee who has rendered at least one year of service is entitled to a yearly service incentive of five days with pay. rate of pay for the ordinary hours that they would have worked on the day had it not been a public holiday. 3 x 1.1 = 3.3 or 330% . Industry sectors are segmented as follows: 1. General Luna St., Intramuros, Manila, 1002, Philippines, Monday - Friday: 8:00 am - 5:00 pm To guide employers, Labor Secretary Silvestre Bello III issued Labor Advisory No. Your business has legal responsibilities for employees' working hours and holiday entitlement. In the Philippines, the minimum wage rates differ for every region, province, and industry. Leave begins accumulating from the first day the employee works and they can take leave as soon as they accumulate it. An employer may, of course, use a different contractual method to calculate holiday pay for shift workers, but the result may not be less, in any particular case, than the statutory payment. Additional pay can refer to additional income because of holiday pay or overtime and night shift differential rates. If an employee does not work on a general holiday as their regular workday, the employer must: You'll also get a day in lieu (alternative holiday) if it's a day you usually work — even if you work only part of a shift. Some employers prefer to give employees who work a compressed workweek (at least four days a week) pay for the holiday, even if the employee is not scheduled to work that day. Annual leave also known as holiday pay, allows an employee to be paid while taking time off work. Non-agricultural 2. 300% or 3 . The employer must pay at least £444 for each week of the employee’s holidays. Double holiday falling on rest day. Pay equals. Under the majority of modern awards, shift workers who do not work on a public holiday do not receive any shift allowance for any public holiday which occurs on a day on which they would normally have worked on afternoon or night shift. Activities ( e.g ( DOLE ) Building, Muralla Wing cor one day ( a. a special non-working?... 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