Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

Holiday Pay Computation for Monthly paid employees

Go down  Message [Page 1 of 1]


Arresto Menor
If an employee is being compensated on a monthly basis, according to law, in a regular holiday , one could be paid 200 % percent in the first 8 hours and 30 % of the daily rate for every hour thereafter. But according to the HRD, it cannot be if the divisible used is 356 days. I argued that as being a monthly paid employee, the divisible is really 356 days because it is assumed that everyday of the month regardless work day or off days are considered already paid.

In this thread of thought, I'd like to be enlightened more on this particular argument. Hope you could help me with it.

Thanks a lot!

View user profile


the company has the right to determine what divisor they are using as long as the output is not below the minimum wage and it is clear what days in the month are being paid. you can look up the normal divisors at the dole website.

once it is clear what is his daily wage rate, a qualified employee is entitled to that rate on a legal or special holiday if he does not work.

if he works, he is entitled to 200% if it is a legal holiday and 130% if it is a special day, and OT will be based on this premium rate.

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile


Arresto Menor
Thanks Atty! I missed to mention earlier the nature of work, what if the nature of work are teachers does it have a different formula for that considering the basis of divisor used? In this case, they used the 365 days... can we still demand for the holiday pay applied therein? thanks Again. I truly appreciate your help in this matter. God Bless you always.

View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum