What some call as "holiday economics" will be felt, doubly felt, this month of August. Congress passed a new law (RA 9492), providing for "movable holidays". Two movable holidays fall on the month of August - Ninoy Aquino Day  Monday nearest August 21, which is August 20) and National Heroes Day (last Monday of August, which is August 27).  (Update: Please note Proclamation No. 1353, which is conspicuously silent regarding the National Heroes Day).

 

The computation of wages or salaries of workers (RA 9492, read together with Memorandum Circular No. 1), are computed as follows:

For National Heroes Day, the following rules shall apply:

    a. If it is an employee’s regular workday:

    * If unworked - 100%
    * If worked

        - 1st 8 hours - 200%
        - excess of 8 hours - plus 30% of hourly rate on said day

    b. If it is an employee’s rest day:

    * If unworked - 100%
    * If worked

        - 1st 8 hours - plus 30% of 200%
        - excess of 8 hours - plus 30% of hourly rate on said day

For Ninoy Aquino Day, being a nationwide special holiday, the following rules shall apply:

    a. If unworked, no 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.

    b. If worked:

    - 1st 8 hours - plus 30% of the daily rate of 100%
    - excess of 8 hours - plus 30% of hourly rate on said day

    c. Falling on the employee’s rest day and if worked:

    - 1st 8 hours - plus 50% of the daily rate of 100%
    - excess of 8 hours - plus 30% of hourly rate on said day

The same law, however, provides that the holidays may be modified "by law, and/or proclamation", the latter referring to an act of the President. The law also requires that for movable holidays, the President shall issue a proclamation, at least 6 months prior to the holiday concerned, the specific date that shall be declared as a nonworking day.