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Legal Opinion LA 13

The document discusses Labor Advisory 13 regarding compensation for holidays falling on April 9 (Araw ng Kagitingan and Maundy Thursday), April 10 (Good Friday), and April 11 (special non-working day) during the COVID-19 pandemic. It states that while the company will comply with paying holiday pay, it proposes suspending payment until regular operations resume due to current financial losses and expenses. Salaries for April 9-10 will be paid on April 13-14. April 11 will be an unpaid, special non-working day with no work and no pay.

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Richard Conrad Foronda Salango
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76 views2 pages

Legal Opinion LA 13

The document discusses Labor Advisory 13 regarding compensation for holidays falling on April 9 (Araw ng Kagitingan and Maundy Thursday), April 10 (Good Friday), and April 11 (special non-working day) during the COVID-19 pandemic. It states that while the company will comply with paying holiday pay, it proposes suspending payment until regular operations resume due to current financial losses and expenses. Salaries for April 9-10 will be paid on April 13-14. April 11 will be an unpaid, special non-working day with no work and no pay.

Uploaded by

Richard Conrad Foronda Salango
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RE: Araw ng Kagitingan and Maundy/Holy Thursday (April 9) and Good Friday

(April 10) are followed by a special non-working day (April 11)

If Labor Advisory 13 would be too heavy on the company considering the its current
income, finances, losses and expenses and considering the extra ordinary
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.

According to Mel, when confirmed by upper management, salaries on April 9 and 10


shall be computed and given on the 2 nd week of April on the 13 th and 14th subject to
your adjustments. April 11 shall be unnecessary.

Labor Advisory 13 is expounded as follows:

Thursday, April 9

Since this year's Maundy Thursday falls on the same day as Araw ng Kagitingan,
Labor Advisory 13 holds that employee be 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.

 [(Basic wage + COLA) x 200%]

Employees who will report to their regular shift which falls on April 9 will be paid a
total of 300% of their wage for the first eight hours of work.

 [(Basic wage + COLA) x 300%]

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;
 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.

Regular holiday rate for no work:

 [(Basic wage + COLA) x 100%]

Regular holiday rate for the first eight hours if worked:

 [(Basic wage + COLA) x 200%]

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).

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