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  1. Join Date
    Jan 2013
    Posts
    2
    #1
    Hi guys. Can you please enlighten me on this matter. Here is the scenario: ABC company manufactures cartons for their clients. Unfortunately, typhoon Pablo made an impact to the banana plantation of various customers. As a result, the ABC manufacturing company receives very little job order of cartons for there were only less bananas to be packed. Here's my concern:

    1. The manufacturing personnel of ABC company last day of work was Dec. 18, 2012 as they have no more cartons to be processed until December 26,2012. Reported back on Dec 27 and 31, 2012 because on 28 up to 30 there's no order again. Will those employees entitled for Holiday pay for December 25 and 30, 2012?

    2. On case number 1, those personnel are regular (daily rate based, not monthly). What about on the case of their RELIEVERS? Reliever personnel work only during the time when regulars are on rest day, or absent, or on leave. The relievers last day of work was dec. 16. Will they be entitled for December 25 and 30, 2012?

    Thanks

  2. Join Date
    Sep 2005
    Posts
    13,039
    #2
    they should be entitled for holiday pay, being Dec. 18 as the last day of their work before Dec. 25 and Dec. 28 for Dec. 31.

  3. Join Date
    Sep 2007
    Posts
    8,440
    #3
    1. The workers should be payed dahil ito ang mandate ng labor code natin. Pag regular holiday, entitled ang worker na bayaran siya ng rate niya for 8 hours. Tsaka ka lang hindi magbabayad ng holiday pay kung special non-working holiday. Pero kung pumasok ang isang worker ng regular holiday, entitled siya ng double pay. 30% additional naman sa special non-working holiday.

    2. Same case with number 1 with regards sa mga relievers. Provided, na sila ay employed doon sa ABC company or through an agency. Kung employed sa ABC, dapat bayaran sila ng holiday pay. Kung sa agency sila galing, eh dapat bayaran sila ng agency ng holiday pay.

  4. Join Date
    Jan 2013
    Posts
    2
    #4
    Opo, both yung regular and employee are under agency and were deployed dun sa ABC company as manufactuing personnel. I was thinking kasi na a certain employee will be paid 100% on regular holiday even if he is absent on the day of holiday PROVIDED he is PRESENT or on leave with pay or rest day on the day PRECEDING the holiday na kung saan the cases I presented is a bit different kasi wala silang pasok dulot ng walang trabaho as a result of business operation concern.

    Sa part ng mga reliever naman bale 3 days pa rin pala makukuha nila kung last pasok nila was Dec. 16 only since kung kelan sila nakatoka mag relieve eh nakataong no order naman. Therefore, any status pala ng employee applicable ito: SECTION 7. Temporary or periodic shutdown and temporary cessation of work. — (a) In cases oftemporary or periodic shutdown and temporary cessation of work of an establishment, as when a yearlyinventory or when the repair or cleaning of machineries and equipment is undertaken, the regularholidays falling within the period shall be compensated in accordance with this Rule.

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Holiday Pay