Is July 27 a Special Non-Working Holiday or a Special Working Holiday?
This afternoon, I called the Office of the Press Secretary (OPS) up to request for a faxed copy of Republic Act 9645, a document that supposedly declares July 27 as a holiday all throughout the Philippines. On July 7, 2009, news from several websites read that July 27, 2009, Iglesia Ni Cristo Day, is a “non-working” holiday. Today, however, the palace confirms that it is to be a “special working holiday.”
A “special working holiday” declaration now requires a Republic Act for it to “take effect” throughout the country, yes? If so, and more importantly, why? Such declaration will not automatically make employees who are scheduled to work on said “special working holiday” receive the expected “holiday pay” induced wage premium, as stated in Memorandum Circular No. 1 from the Department of Labor and Employement (DOLE) which says:
MEMORANDUM CIRCULAR NO. 01
(8 March 2004)Pursuant to the provisions of the Labor Code, as amended in relation to the observance of declared holidays and in response to the queries received every time a Presidential Proclamation or a law is enacted by Congress which declares certain days either as a regular holiday, a special day or a special working holiday, the following guidelines shall be observed by all employers in the private sector:
1. For regular holidays as provided for under EO 203 (incorporated in EO 292) as amended by RA 9177:
New Year’s Day – January 1
Maundy Thursday – Movable Date
Good Friday – Movable Date
Araw ng Kagitingan – April 9
Labor Day – May 1
Independence Day – June 12
National Heroes Day- Last Sunday of August
Bonifacio Day – November 30
Eidul Fitr – Movable Date
Christmas Day – December 25
Rizal Day – December 30the following rules shall apply:
1. If it is an employee’s regular workday
* If unworked – 100%
* If worked
– 1st 8 hours – 200%
– excess of 8 hours – plus 30% of hourly rate on said day2. If it is an employee’s rest day
* If unworked – 100%
* If worked
– 1st 8 hours – plus 30% of 200%
– excess of 8 hours – plus 30% of hourly rate on said day2. For declared special days such as Special Non-Working Day, Special Public Holiday, Special National Holiday, in addition to the two (2) nationwide special days (November 1, All Saints Day and December 31, Last Day of the Year) listed under EO 203, as amended, the following rules shall apply:
1. If unworked
* No pay, unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked.2. If worked
* 1st 8 hours – plus 30% of the daily rate of 100%
* excess of 8 hours – plus 30% of hourly rate on said day3. Falling on the employee’s rest day and if worked
* 1st 8 hours – plus 50% of the daily rate of 100%
* excess of 8 hours – plus 30% of hourly rate on said day3. For those declared as special working holidays, the following rules 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.
Please be guided accordingly.
Source for Memorandum Circular No. 1 should have been this permalink, as provided in the DOLE website but since the link is currently returning a “not found” error, I had to look for at least a reproduction of the MC’s text elsewhere. Thankfully, there’s the JLP-Law Blog.
What’s the point of declaring a “special working holiday” via this Republic Act? Was it their aim to “please” people with a non-existent holiday that is just like any other day but is, take note, IN FACT (supported by an RA, take note) a holiday? I think someone got it wrong when they declared it the first time BUT that may just be me and my overactive imagination.
“Special working holiday.” The term may have been coined to serve a special purpose that we humans at this stage in our evolution are still not too intellectually advanced to understand. We fall short, ladies and gentlemen. Even Mensans won’t cut it. Until we all Level Up our brain power, this term will stand for ABSOLUTELY NOTHING! No special properties, nothing! It may serve as a topic for what would most probably turn out to be a worthless argument, but that’s just about it. Upon close scrutiny, logic will show that it is actually made up molecularly of bollocks and atomically of BS, all because of its usual habitat/breeding ground: the damp, acrid surface of pathetic. I challenge anyone to prove to me that I’m wrong so I can take back what I have said with apologies, if necessary.
July 27 is a “working” day. Employees who work on such date will be paid according to their regular rates, like any other regular work day. No special holiday pay rate for this day.
The lady from the OPS who answered the phone when I called said they don’t currently have a copy of RA 9645 for immediate distribution. She did, however, confirm that requests for faxed holiday-related supporting documents are regularly made with them but as of this afternoon, even after Inquirer.net released the “clarificatory report,” the lady said they still only have a “press release” and that, indeed, July 27 is a “special working holiday.”
Twitter Updates
8 July 2009 at 5:59 pm
PEKPEK!!! PEKPEK!!!!!!!!!!!!!!!!!!!!!!!
Huhu
8 July 2009 at 6:06 pm
8 July 2009 at 7:06 pm
Dineclare na binawi pa. May pa-special special pa silang nalalaman.
8 July 2009 at 8:42 pm
at holiday holiday! LOL
9 July 2009 at 9:44 pm
Uy Fritz nahilo naman ako sa post mo… minsan na lang ako makadalaw dito sa fritzified e… hehe… labo talaga ng gobyerno… hehe
9 July 2009 at 11:29 pm
Ains, lagi kang nata-timing pag may kabigatan posts ko no? Yaan mo, titimbrehan kita pag masasaya LOL. Labo ng gobyerno mo! haha
14 July 2009 at 12:07 pm
Siguro akala nila mapapalapit lang sila sa INC group para sa election by declaring a holiday pero working nga lang.
17 July 2009 at 10:36 pm
“Upon close scrutiny, logic will show that it is actually made up molecularly of bollocks and atomically of BS, all because of its usual habitat/breeding ground: the damp, acrid surface of pathetic.”
I LOVE IT.
17 July 2009 at 10:45 pm
17 July 2009 at 10:48 pm
18 July 2009 at 3:12 am
haist, gobyerno talaga – adik! yun lang…
19 July 2009 at 10:01 am
would you know if this means absolutely nothing to students like me as well? :)
20 July 2009 at 3:55 pm
sana non-working nlng ngdeclared pa ng holiday my pasok din naman…tsk, tsk
20 July 2009 at 4:09 pm
pag sure
21 July 2009 at 4:53 pm
sana non-working na lang. sinabi ko na dito sa office.
21 July 2009 at 5:27 pm
Nakarami na kayong walang pasok dahil sa AH1N1. tama na yang bakasyon! Magsipag-aral na kayo! LOL
21 July 2009 at 5:30 pm
Advise sayo from the net, sisihin daw ang Malacañang. Anlabo kasi nila mag initial press release. Yan tuloy nalilito ang sangkatauhan.
21 July 2009 at 5:35 pm
@jhoi pwede mo namang bawiin yung sinabi mo sa office. sabihin mo, nagkausap kayo ni GMA at binawi yung non-working press release nya.
22 July 2009 at 9:20 am
ano ba yan nagdeclare pa na special wala naman ibig sabihin kung deneclare na lang nila na energy saving day para may energy consumption
22 July 2009 at 8:58 pm
,,..ka inis tlga. npka daming holiday pra xa mga Roman Catholic,.. samantalang sa mga INC, xa July 27 lng.. di manlng maibigay…..
23 July 2009 at 2:33 pm
naiinis talaga ako kc im an inc minsan lang mgrequest c ka. eraño manalo tapos hindi pa maibigay ni pres. gma. ngdeclare na sya nung jluy 7 tpos kinabukasan ng july 8 ay binawi nya. its unfair! sa mga Catholics ang daming holidays sa amin na inc once lang hindi maibigay…
23 July 2009 at 3:26 pm
It’s really nothing! Para lang kasi may mapag-usapan… But, please clarify this special working holiday… Walang kwenta sa mga working people people yan pero sa estudyante, may pasok ba sila?
23 July 2009 at 6:38 pm
dapat naman talaga na hindi i holiday yan wala namang ka kwenta kwenta IGLESIA NI MANALO LANG NAMAN YAN…. akala nyo madami sila aalog alog ang kapilya nyan niloloko lang ng INM si GLORIA
23 July 2009 at 9:35 pm
hi ives. i don’t think Bro. Manalo requested such holiday from GMA. ;)
24 July 2009 at 2:10 am
Let’s be cordial and nice please. Stop the hate. Thanks!
24 July 2009 at 9:15 am
huwag na mng masyadon laitin ang INC.
24 July 2009 at 9:50 am
hay naku!bruha tlaga c gloria!pa special2x pa xa eh prang wla din nman..ginagago lng tau!tse!
24 July 2009 at 10:55 am
ngek asar!so hindi tlga holiday ang working holiday sa july 27?hays adik tlga gobyerno at si GMA.asar!!!
24 July 2009 at 2:40 pm
Hay naku! isa n nmn to sa mga taktika ng Malacañang pra pogi points to sa mga INC kc malapit na election!! Maraming religious organizations dito sa Pinas ang ibig sabihin din ba nito meron ding Jehovas Witness Day, Latter-day Saints Day, Born Again Christian Day??????? Please naman wag natin gamitin ang religion sa politics!! Nakakadismaya tlga ang kasalukuyang administrasyon!!
24 July 2009 at 5:44 pm
ano ba naman, naghanda na kami for our bakasyon grande…hmmm…pabago-bago ng isip..babae talaga..
24 July 2009 at 7:13 pm
tita, wa kay lami. makabughat ka
24 July 2009 at 10:05 pm
dapat nga lahat ng religious sect may holiday para fair, hindi yung pasipsip lng sa bumoboto ng solid. naglilingkod ba gobyerno para sa lahat o para lang sa iilang tao na pinapakinabangan nila? filipinos are getting pathetic, ghastly and whatever. hehehe
24 July 2009 at 10:09 pm
dapat nga lahat ng religious sects may holiday para fair, hindi yung pasipsip lang sa bumoboto ng solid. naglilingkod ba gobyerno para sa lahat o para lang sa iilang tao na pinapakinabangan nila? filipinos are getting pathetic, ghastly and whatever. hehehe
24 July 2009 at 10:44 pm
oo nga pala, iilan lang naman inc ah…kita naman nung nakaraang eleksyon, just a few thousands lang based on their “alagad” party-list, compared to the 60+ million catholic population. i wonder why takot mga politiko sa iglesia. dapat isang araw na holiday na lang para sa lahat ng foundation day ng iba pang religious sects para fair sa lahat. o di ba, bongga? foundation day. parang hiskul
25 July 2009 at 12:19 am
Depends sa school. Some informed their students there won’t be classes to give way to the SONA per an info I got. Not applicable to all schools in general, though.
25 July 2009 at 9:08 am
i agree with every point made…this is bs. what’s d point? it’s a meaningless means to suck up to the INC. I am not a member but I don’t think the stupidity is lost to them…even a 5-yr old will say this is bs, if he were allowed to…
25 July 2009 at 3:48 pm
ang gulo ano po b may pasok b wala..hizt..sana wla nlng
25 July 2009 at 5:29 pm
Binasa mo ba ang sinulat ko? Binasa mo ba yung nasa link? Dalawang links yan. Kasama tong article na to, tatlo na ang nagsasabi sayong may pasok! Paki basa. Wag painitin ulo ko, taragis.
26 July 2009 at 1:02 am
Of course, bakit nila iddeclare na non-working? Edi may chance na ang people na magrally. Kung people walang office, dadagsa ang iba sa Sandiganbayan. Kung sino ang sasama sa rally sa Lunes, babayaran ko ang rate niyo. LOL
26 July 2009 at 7:45 pm
very informative! :)
hhhaaaaaayy sa gobyerno ng pinas :(
27 July 2009 at 12:38 am
wla pong kinalaman ang inc sa Republic Act No. 9645, un po ay mismong sa gobyerno nanggaling, maaring bingyan halga ng gobyerno ang araw na yon para sa inc. sa mga nag sasabing inm ang inc at kakalog kalog ang kapilya ng inc, sna po ay mag observe muna kayo bago kayo magsalita ng ganitong paninira. salamat po at mabuhay ang INC sa kanyang ika 95 na anibersaryo.
27 July 2009 at 11:42 am
Ang saya pa naman sana namin kasi akala namin holiday rate. 7am-6pm, 7pm-10pm ang usual working hours namin sa construction. Haha. Wala lang pala.
But anyway, Congratulations to our brothers & sisters in Christ sa Iglesia ni Cristo.
12 August 2009 at 9:00 am
…talking about someone’s life is a pathetic way of entertainment,,, it doesn’t contribute to the welfare of society,,, be thankful since it is proclaimed, indeed, it’s not recommendable,,, bakit walang holiday yong other religion???
24 August 2009 at 2:10 pm
hello guys,anu ba kayo,there is no real words in politics….anu ito laban o bawi?