President Rodrigo R. Duterte on Friday signed a proclamation declaring fewer nonworking days this year supposedly to boost the economy amid a coronavirus pandemic.
Under the order, November 2 (All Souls鈥 Day), December 24 (Christmas Eve) and December 31 (New Year鈥檚 Eve), which had been special holidays, will be special working days.
鈥淔or the country to recover from the adverse impact of the COVID-19 pandemic, there is a need to encourage economic productivity by, among others, minimizing work disruption and commemorating some special holidays as special (working) days instead,鈥 according to the order.
If an employee went to work on a special nonworking holiday, the 鈥渘o work, no pay鈥 principle applies unless there is a company policy or collective bargaining agreement granting payment on a special day, according to a 2019 labor advisory.
鈥淭he President by presidential proclamation cannot change the status of the last day of the year — as defined by a statute, Republic Act 9492 — from national special holiday into a special working day,鈥 Terry L. Ridon, a lawyer and convenor of infrastructure think tank InfraWatchPH, said in a Facebook messenger chat on Friday night.
RA 9492 or holiday economics law signed by former President Gloria Macapagal Arroyo in 2007 sought to rationalize the celebration of national holidays in the Philippines by making most holidays 鈥渕ovable鈥 to Mondays.
The law also declared certain dates as regular holidays.
For minimum wage earners in the National Capital Region, the order amounts to a pay cut on Dec. 31 of about P161, he said.
鈥淚nclusive of the two other special working days, the pay cut amounts to about P483, equivalent to 99% of NCR鈥檚 minimum wage,鈥 he added.
Mr. Ridon said the palace should clarify whether the amendment 鈥渨as done to skirt the payment of the special holiday pay premium.鈥
鈥淥nly special nonworking holidays are entitled to this premium,鈥 he said. 鈥淪o the question is will employees going to work on these three special working holidays be afforded the same premium?鈥
