Title
DOLE Memorandum on Holiday Pay Rules 2004
Law
Dole Memorandum Circular No. 01
Decision Date
Mar 8, 2004
DOLE Memorandum Circular No. 01 outlines the guidelines for the observance of declared holidays in the private sector, detailing pay rates for regular holidays, special days, and special working holidays to ensure compliance with the Labor Code.

Questions (DOLE MEMORANDUM CIRCULAR NO. 01)

If it is an employee’s regular workday and the employee is unworked on the regular holiday, the employee is entitled to 100% wage (full day pay based on the ordinary day’s rate).

If the regular holiday falls on the employee’s regular workday and the employee works, the first 8 hours are paid at 200% of the employee’s hourly rate (i.e., double pay).

For work beyond the first 8 hours on a regular holiday that falls on the employee’s regular workday: pay the excess hours at the hourly rate plus an additional 30% premium of the hourly rate on said day.

If it is an employee’s rest day and the employee is unworked on the regular holiday, the employee is paid 100% (full day pay).

If worked on a rest day that coincides with a regular holiday: first 8 hours are paid at the daily rate plus 30% of 200% (i.e., the premium is based on the 200% concept as stated in the circular).

Excess beyond 8 hours on such rest day/regular holiday are paid at the hourly rate plus 30% of the hourly rate on said day.

New Year’s Day (Jan 1); Maundy Thursday (movable); Good Friday (movable); Araw ng Kagitingan (April 9); Labor Day (May 1); Independence Day (June 12); National Heroes Day (last Sunday of August); Bonifacio Day (Nov 30); Eidul Fitr (movable); Christmas Day (Dec 25); Rizal Day (Dec 30).

No pay is due for unworked special days, unless there is a favorable company policy, practice, or a CBA granting payment even if unworked.

If worked on a special day: first 8 hours are paid at plus 30% of the daily rate of 100% (as stated in the circular).

Excess beyond 8 hours is paid at the hourly rate on said day with an additional 30% premium of the hourly rate for the excess hours.

If the special day falls on the employee’s rest day and the employee works: first 8 hours are paid at plus 50% of the daily rate of 100%.

Excess beyond 8 hours on that rest day/special day is paid at the hourly rate on said day plus 30% of the hourly rate.

For special working holidays, for work performed, the employee is entitled only to the basic rate; no premium pay is required because work performed on those days is considered ordinary working days.

Regular holidays: if unworked on the employee’s regular workday, the employee is paid 100%. Special days: no pay if unworked (unless company policy/practice or CBA grants it). Special working holidays: the circular focuses on entitlement to basic rate for work performed; premium is not required for work performed.

Because for declared special days, the default rule is 'no pay' when unworked; however, payment may still be granted if the company policy, practice, or a CBA provides for wages on special days even if the employee does not work.


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