DOLE issues pay rules for Chinese New Year

The Department of Labor and Employment (DOLE) has issued its first labor advisory this year to remind employers of the proper payment of wages for the additional special nonworking holidays on February 9 and 10 in celebration of the Chinese New Year.

DOLE Secretary Bienvenido Laguesma issued Labor Advisory No. 01 series of 2024 for the payment of wages for the additional holidays. In his advisory, Laguesma said that pursuant to Proclamations No. 368, Series of 2023 declaring February 10, 2024 as an additional special non-working day and Proclamation No. 453, Series of 2024, declaring February 9, 2024 as an additional special non-working day the following pay rules shall apply:

•If the employee does not work, the “no work, no pay” principle shall apply unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day;

•For work done during the special day, the employer shall pay the employee an additional 30% of the basic wage on the first eight hours of work (basic wage x 130%).

•For work done in excess of eight hours, the employer shall pay the employee an additional 30% of the hourly rate on said day (hourly rate of the basic wage x 130% x 130% x number of hours worked);

•For work done during the special day that also falls on the employee’s rest day, the employer shall pay the employee an additional 50% of the basic wage on the first eight hours of work (basic wage x 150%); and

•For work done in excess of eight hours during the special day that also falls on the employee’s rest day, the employer shall pay the employee an additional 30% of the hourly rate on said day (hourly rate of the basic wage x 150% x 130% x number of hours worked).

“The Chinese New Year celebration this year is set on February 10. Malacañang said the inclusion of February 9 as a non-working day will give the people full opportunity to celebrate Chinese New Year and enable our countrymen to avail of the benefits of a longer weekend,” DOLE said in a statement. -