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Wellington Investment Inc.

G.R. No. 114698
July 3, 1995
 Upon an inspection of the Wellington Flour Mills, owned and operated by
petitioner, the latter was accused of non-payment of regular holidays falling on a
Sunday for monthly-paid employees.
 Petitioner’s Arguments:
1. Monthly salary of the monthly-paid employees already includes holiday pay
for all the regular holidays.
2. To pay for the extra days (regular holidays on a Sunday), as compelled by the
Order of the DOLE, it is in effect being compelled to pay for alleged extra
working days.
 DOLE’s Contentions:
1. Regular holidays falling on Sundays have precluded the enjoyment by the
employees of a non-working day and the employees consequently have to work
for additional days.
2. When a regular holiday falls on a Sunday, an extra or additional working day is
created and the employer has the obligation to pay its employees for the extra
Whether or not a monthly-paid employee is
entitled to an additional pay aside from his usual
holiday pay, whenever a regular holiday falls on
a Sunday.
 No. To agree with DOLE’s theory would increase the
number of days in a year, instead of 365 days, as basis
for computation of salary for monthly-paid
employees. There is no provision of law requiring
employers to make adjustments in the monthly salary
rate set by them to take account of the legal holiday
falling on Sundays or to reckon a year at more than
365 days.
 Every worker should be paid his regular daily wage during
regular holidays; except in retail and service establishments
regularly employing less than 10 workers, even if the worker
does not work on these regular holidays.
 The Wellington had been paying its employees a salary of not
less than the statutory minimum wage and that the monthly
salary, thus, paid was not less than the statutory minimum wage
multiplied by 365 days divided by 12.
 Apparently the monthly salary was fixed by Wellington to
provide for compensation for every working day of the year
including holidays specified by law and excluding only Sundays.
Wellington leaves no day unaccounted for, it is paying for all the
days of a year with the exception only of 51 Sundays.