Published — June 1, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Read also: COUNT YOUR BLESSINGS: COMPUTE YOUR HOLIDAY PAY!
YES!
The International Labor Organization “ILO” defines “part-time work” as “single, regular or voluntary form of employment with hours substantially shorter than those considered as normal in the establishment.” Under the Labor Code of the Philippines, the normal working hours equals to eight (8) hours a day. Like the regular employees, part-time workers are entitled to the provisions of the Labor Code of the Philippines such as Holiday pay, overtime, premium, 13th month pay, service incentive leave and benefits upon retirement.
In the book of C. A. Azucena, Jr. (The Labor Code with Comments and Cases, Volume I, Ninth Edition, 2016) states that if the work is partial, the pay should also be partial. It is a fair principle that applies to the entitlement to Holiday pay of a part-time worker. Thus, where said employee works part only of the normal eight-hour shift, he or she should not expect a full day’s pay on a holiday.
Under the DOLE Explanatory Bulletin on Part-Time Employment (1996), the amount of holiday pay is to be determined on a case-to-case basis. The basis is any of the following, whichever yields the highest amount:
- the regular wage per day;
- the basic wage on the working day preceding the regular holiday if the employee is present or on leave with pay on the last working day immediately prior to the regular holiday;
- the average of his basic wages for the last seven working days for employees who are paid by results; or
- the basic on a particular holiday, if worked.
The afore-mentioned basis for the holiday pay of the part-time employee is without prejudice to a more favorable provisions in the Collective Bargaining Agreement should there be one or in the Company Policy or practice.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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