So Malacanang declared July 27 as a holiday, what’s in it for us?
Unfortunately, monetary wise, nothing.
According to Memorandum Circular 01 (8 March 2004)Labor_memorandum circular 01, Special working holidays are treated as an ordinary working day, hence there shall be no premium whatsoever:
“xxx
3. For those declared as special working holidays, the following rules [sic] shall apply:
For work performed, an employee is entitled only to his basic rate. No premium pay is required since work performed on said days is considered work on ordinary working days. xxx” (emphasis supplied) (special thanks to pinoy business and jlp)
Although declared as a holiday (see Republic_Act_No._9645; special thanks to DILG), distinction as to whether the holiday is a working or non-working should be made. As previously stated, a special working holiday provides no monetary premium to employees, while a special non-working holiday (for a complete list see RA 9492, special thanks to Lawphil), does.
According to Memorandum Circular 01, for declared specials days, certain premiums shall be applied provided the said day is worked. Hence,
“xxx
b. If worked
1st 8 hours -plus 30% of the daily rate of 100%
excess of 8 hours- plus 30% of hourly rate on said day xxx”
This law was passed in commemoration of the founding anniversary of Iglesia ni Cristo (INC). According to our legislature, their intent in passing the law is based on our constitutional right to religious freedom as the Filipinos are guaranteed of their free exercise and enjoyment of religious profession and worship. Recognizing the INC’s contribution in nation building and its unique character of being indigent to the Philippines, the said law was passed without interpellations (Senate Journal 81).
Hence, this law may not be monetarily significant as there is no tangible cash that can be derived therefrom, it nevertheless serves a spiritual significance to our INC brethren.
Filed under: Labor issues
