Everyone loves a holiday, we’d like to think, though the exceptions would probably include those working on a “no-work, no pay” basis, employers who must pay extra for work done on a holiday, and those who simply hate holidays.  For those who look forward to holidays, particularly in the month of May 2010, there are two holidays to look forward to:

1. Labor Day (May 1, 2010). Update: Turns out May 3, a Monday, is a holiday, after all. Malacanang, through Executive Secretary Leandro Mendoza, issued Proclamation No. 2043, declaring Monday (May 3, 2010) as a regular holiday throughout the country. As noted in the post on holiday economics, it’s really hard to predict these movable holidays. Our initial “(dis)belief(?)” is still reproduced in the next paragraph.

This is really the gist of this post, which would otherwise be a mere surplusage because of the updated list of 2010 holidays (May 1 was already declared a holiday under Proclamation 1841 issued by President Gloria Macapagal-Arroyo). However, we’ve heard rumors that Labor Day, which falls on a Saturday this year, was moved to May 3, a Monday. This is hard to believe for a number of reasons. Labor Day had been maintained in May 1 during the past years (a Thursday in 2008, a Friday in 2009). Also, the government had previously noted the importance of maintaining that date — “May 1 (Labor Day) has been celebrated on its exact days as a long cherished tradition of workers who fought very hard to institutionalize such a holiday in the country, as well as an international event celebrated on such exact date.” So, Labor Day would likely remain in May 1, unless we see the smoking gun, so to speak (we’re referring to the Presidential Proclamation, of course). It is a regular holiday, by the way. 

Computation of Holiday Pay on May 3, 2010 (Labor Day)

The DOLE issued already issued an advisory reiterating that May 3, Monday, is a regular holiday and that May 1, 2010 (Saturday) remains a normal workday for all employees. It also pointed out the rules on computing the holiday pay, pursuant to its Memorandum Circular 1 (see also previous post on How to Compute Holiday Pay). A supplementary release of the DOLE spells out the other related rules:

1.      If the holiday falls on an employee’s regular workday:

If worked, the employee is entitled to 200% of his [or her] basic wage for the first eight (8) hours and, for work in excess of the 8 hours, to an additional 30% of his or her hourly rate on the said day.

If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay on the workday immediately preceding the holiday.

2. If the day is the employee’s rest day:

If worked, the employee is entitled, for the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on the said day.

If unworked, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay, on the workday immediately preceding the holiday.

3.      Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he or she shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay.

2. Election Day (May 10, 2010). Malacanang already issued Proclamation 2020, declaring May 10, a Monday, as special public (non-working) holiday to give the people the fullest opportunity to participate in the elections. Go out and vote (as for whom, you discuss that here). Enough said.

The DOLE also issued a Labor Advisory (click here for full text) reiterating the declaration of May 10 as a special public (non-working) holiday, with the corresponding rules on computing the holiday pay.

• 2010 Holidays: Official National and Regular Holidays in the Philippines
• DOLE Labor Advisory: May 3, 2010 (Monday), a Regular Holiday
• Official 2009 Holidays: Declared National and Regular Holidays in the Philippines
• November 27-28, 2009 (Eid’l Adha) not National Holidays
• Special Non-Working Holiday on June 30, 2010 (Wednesday)
• National Regular and Special Holidays for 2008 in the Philippines
• August 2010 Holidays: Ninoy Aquino Day (21) and National Heroes Day (30)