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Ver 2. Legal Opnion LA 13.edited
Ver 2. Legal Opnion LA 13.edited
If Labor Advisory 13 would be too heavy on the company considering its current
income, finances, losses, and expenses and considering the extraordinary
circumstances brought about by the pandemic. It is my opinion that we could
suspend or hold in abeyance the payment of the holiday pays, and resume its
disbursement when we recommence regular operations. We will comply but at a
later date. The law is silent on that it be paid on the next payroll cut off.
Thursday, April 9
Since this year's Maundy Thursday falls on the same day as Araw ng Kagitingan,
Labor Advisory 13 holds that employee is paid double their daily basic wage and
cost-of-living adjustment or allowance (COLA) even if they do not work that day as a
result of the two regular holidays.
If the employee did not work, he/she shall be paid 200% of his/her wage for that
day, subject to the requirement that he or she was present or on leave with pay on
the workday prior to the start of the enhanced community quarantine on March 17.
So, the employee should have been active since March 16, 2020, or on leave with
pay to be qualified for double pay.
Employees who will report to their regular shift which falls on April 9 will be paid a
total of 300% of their wages for the first eight hours of work.
Note:
The company prohibits overtime work of employees rendered on April 9,
2020, to avoid payment of the extra 30% of their hourly wage rate premium;
An employee who’s rest day falls on April 9, 2020, shall not report for duty to
avoid the additional 30% premium of their 300% wage that day.
Friday, April 10
Regular holiday compensation (No work with pay) also applies on Good Friday for
employees who were present or on leave with pay before the enhanced community
quarantine was enforced on March 17. So, the employee should have been active
since March 16, 2020, or on leave with pay to be qualified for no work with pay.
Saturday, April 11
Since it is a special non-working day, "the 'no work, no pay' principle shall apply (if
the employee did not work).