Seasonal Workers & Seafarers

DO SEASONAL WORKERS HAVE RIGHT TO HOLIDAY PAY?

Seasonal workers are entitled to holiday pay while working during the season. They may not be paid the required regular holiday pay during off-season where they are not at work.

DO SEAFARERS HAVE RIGHT TO HOLIDAY PAY?


Any hours of work or duty including hours of watchkeeping performed by the seafarer on designated rest days and holidays shall be paid rest day or holiday pay.

The following shall be considered as holidays at sea and in port:

New Year’s Day - January 1
Maundy Thursday - Movable date
Good Friday - Movable date
Araw ng Kagitingan (Bataan & Corregidor Day) - April 9
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Sunday of August
All Saints Day - November1
Bonifacio Day - November 30
Christmas Day - December 25
Rizal Day - December 30

It must be noted that the foregoing listing and enumeration of the holidays are different from that prescribed for local workers. (See above listing thereof). SOME IMPORTANT PRINCIPLES ON HOLIDAYS
•Non-Muslims are entitled to Muslim holiday pay during Muslim holidays considering that all private corporations, offices, agencies, and entities or establishments operating within the designated Muslim provinces and cities are required to observe Muslim holidays, hence, both Muslims and Christians working within the Muslim areas may not report for work on the days designated by law as Muslim holidays.

The day designated by law for holding a general election is deemed a regular holiday.
As far as the May 13, 2013 midterm elections are concerned, President Benigno Aquino III declared under Proclamation No. 571, signed on April 24, 2013, that it is a special public non-working holiday. As such, the "no work, no pay" principle shall apply. Employees who choose to work on that day as allowed by their employers shall be paid an additional thirty percent (30%) of the salary due to them for the day.

In case of two (2) regular holidays falling on the same day, the worker should be compensated as follows:

[1] If unworked – 200% for the two regular holidays;
[2] If worked – 200% for the two regular holidays plus premium of 100% for work on that day.

“Monthly-paid” employees are not excluded from the coverage of holiday pay. (Note: A “monthly-paid employee” refers to one who is paid his wage or salary for every day of the month, including rest days, Sundays, regular or special days, although he does not regularly work on these days. A “daily-paid employee” refers to one who is paid his wage or salary only on the days he actually worked, except in cases of regular holidays wherein he is paid his wage or salary even if he does not work during those days, provided that he is present or on leave of absence with pay on the working day immediately preceding the regular holidays. As distinguished from monthly-paid employees who are assured of being paid for every day of the month, the provision of the Labor Code on holiday pay is principally intended to benefit daily-paid employees who are normally bound by the principle of “no work, no pay.” Before the advent of the Labor Code, they are not paid for unworked regular holidays) .

Regular or special holiday pay benefit cannot be withdrawn after being practiced for quite a time as when it has been practiced continuously for eight (8) months. Offsetting of holiday work with work on regular days is not allowed.

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