June 12 2012 Philippine Independence Day Holiday pay rules

26 05 2012

The Philippines will be marking its 114th Independence Day celebration this coming June 12, which falls on a Tuesday. Some may be asking if President Benigno Aquino III will move this holiday to June 11 to create another three-day weekend for Filipino workers, and as of posting time, no announcement has been made (check this site for future updates).

June 12 is listed as a regular holiday throughout the country this 2012 by virtue of Aquino’s Proclamation 295. Read the full text of Proclamation 295 in the website of Malacanang.  According to the Department of Labor and Employment (DOLE), even if an employee opts to not go to work on June 12, he/she will still get 100% of his/her regular pay for that day. Meanwhile, those who will render overtime work on June 12 stand to get twice their regular pay for the said day (or more colloquially, a double pay).

Working beyond eight hours on June 12 would mean an additional payment of 30% of one’s holiday rate for every additional hour.  See the complete list of DOLE holiday pay guidelines here. If employees who have Tuesdays as their rest day come to work on Independence Day, they will get plus 30% of their regular holiday rate.

Report for work in the work day before a holiday

As mentioned in DOLE’s Handbook on Worker’s Statutory Monetary Benefits (released in 2010), an employee is entitled to a holiday premium only when “he/she is present or is on leave of absence with pay on the work day immediately preceding the holiday.” Download the 2010 handbook in this link.





May 1, 2012 Philippine Labor Day Holiday pay rules

23 04 2012

The Philippines will be marking its annual Labor Day celebration this coming May 1, which falls on a Tuesday. Some are asking if President Benigno Aquino III will move this holiday to April 30 to create another three-day weekend for Filipino workers, and so far, no announcement has been made (check this site for future updates).

May 1 is listed officially as a regular holiday throughout the country this 2012 by virtue of Aquino’s Proclamation 295. Read the full text of Proclamation 295 in this link.  According to the Department of Labor and Employment (DOLE), an employee who opts to not report for work on May 1 will still get 100% of his/her regular pay for that day. Meanwhile, those who will do otherwise stand to get twice their regular pay for the said day (or double pay).

Working beyond eight hours on May 1 would mean an additional payment of 30% of one’s holiday rate for every additional hour.  See the complete list of DOLE holiday pay guidelines here. If employees who have Tuesdays as their rest day come to work on May 1, they will get plus 30% of their regular holiday rate.

Union Obrera Democratica de Filipinas is the first Filipino labor union (credits: William Henry Scott, New Day Publishers)

]The country had its Labor Day celebration in May 1, 1903. On that day, about 100,000 Filipino workers led by Union Obrera Democratica de Filipinas, the first labor union in Philippine history, marched from Plaza Moriones in Tondo to Malacañang, where William Howard Taft, the American civil governor at that time, was residing. Dominador Gomez, the president of Union Obrera, was later arrested for charges of illegal association and sedition.

Be present in the work day before a holiday

As mentioned in DOLE’s Handbook on Worker’s Statutory Monetary Benefits (released in 2010), an employee is entitled to a holiday premium only when “he/she is present or is on leave of absence with pay on the work day immediately preceding the holiday.” Download the 2010 handbook in this link.

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Special holidays in Tarlac City, Calamba, & Lapu-lapu – April 19, 21, & 27

19 04 2012

Three Philippine cities will be having their respective local holidays within the next few days. They are Tarlac City, the City of Calamba in Laguna, and Mactan City in Cebu. Tarlac City is marking its 14th Charter Day anniversary today, April 19. Meanwhile, the hometown of national hero Dr. Jose Rizal will have its 11th Cityhood Anniversary on Saturday, April 21.

Lastly, the central Visayan city of Mactan will celebrate its annual Kadaugan sa Mactan come April 27, a Friday. Despite declaring the April 21 as just a local holiday, Malacanang noted that the Battle of Mactan “is among the significant events in Philippine history and serves as testimony to the rich cultural and historical heritage of the Filipinos.”

President Benigno Aquino III declared the aforementioned dates as special non-working days in those cities through three different proclamations, all signed last March 27. Click the link to read the full text:

Presidential Proclamation 356 – for Tarlac City, Tarlac

Presidential Proclamation 357 – for Calamba City, Laguna

Presidential Proclamation 358 – for Mactan City, Cebu

Through these proclamations, the Palace hopes to give residents of the three cities the “full opportunity to celebrate and participate in the occasion with appropriate ceremonies.” The Department of Labor and Employment has long implemented a strict set of pay rules during special non-working holidays.

During special non-working holidays, employees who will not work will not be paid “unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment of wages.”

Meanwhile, employers are mandated to give their employees who report for work on this day an additional 30% to their regular pay for the first eight hours of service provided, plus another 30% premium if they work beyond eight hours.





Francisco Baltazar holiday in Bulacan – April 2, 2012

30 03 2012

President Benigno Aquino III has declared this coming Monday, April 2, a holiday in the province of Bulacan. This is in commemoration of legendary Filipino literary icon Francisco Baltazar (or Balagtas)’s 224th birth anniversary. Baltazar was born April 2, 1788 in the town of Bigaa (eventually renamed Balagtas, Bulacan). The announcement was made through Proclamation 355, which you can read in its entirety here. PP 355 aims to give residents of Bulacan the “full opportunity to celebrate and participate in the occasion with appropriate ceremonies.”

Francisco "Balagtas" Baltazar (1788-1862)

The pay rules for special non-working holidays like the coming Francisco Balagtas day in Bulacan is governed by Department of Labor and Employment’s Memorandum Circular 01, first crafted in 2004 under then-Secretary Patricia Sto. Tomas. According to this, employees who report for work on this day must get an additional 30% to their regular pay for the first eight hours of service provided, plus another 30% for every hour of work beyond this.

Meanwhile, employees who will not go to work won’t be paid, “unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked.” This is usually dependent on a worker’s employment status (e.g. permanent/regular/tenured employees are typically paid on these days while those whose who are still labeled as casual/probationary workers are not).

PS: In the past 24 hours, I am seeing this warning in Facebook whenever I comment to my own public posts: “If your comment is irrelevant or inappropriate, you may be be blocked from commenting on public posts. Please review your comment before posting.” Weird, isn’t it?





Pateros Day Holiday – March 29, 2012 pay rules

19 03 2012

Great news for everyone working or studying in the home of balut! The municipality of Pateros will be marking its 112th foundation anniversary this March 29, 2012. Although neither President Benigno Aquino III nor Pateros Mayor Jaime “Joey” Medina have issued an official proclamation declaring the said day a holiday for this year, they are expected to do so within the next few days out of precedent.

Pateros Mayor Jaime "Joey" Medina, 2007-present

Last year, Mayor Medina signed Executive Order 2011-01 declaring March 29 a non-working holiday “for all public and private establishments located in the municipality” as part of the celebration of its 111th founding anniversary. Pateros was first declared a municipality through General Order No. 40. Act. No. 137 of the Philippine Commission. The Philippine Commission served as the country’s lawmaking body during the early years of American occupation.

According to rules set by the Department of Labor and Employment, employers are mandated to give employees who report for work during special non-working days such as this an additional 30% of their regular pay for their first eight hours of service provided.  The latter are entitled to get another 30% premium if they work beyond eight hours on the said day.

Meanwhile, employees who choose to avail of the holiday stand to get nothing “unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked.” This usually depends on a worker’s employment status. For example, permanent/regular/tenured employees are typically paid on these days while those whose who are still labeled as casual/probationary workers are not.

*Will be posting an update here as soon as the President of Mayor Medina makes an official announcement. :)





Emilio Aguinaldo Day in Cavite – March 22, 2012 pay rules

18 03 2012

President Benigno Aquino III has declared March 22, 2012 a special non-working holiday in the province of Cavite. The province will mark General Emilio Aguinaldo’s 143rd birth anniversary on the same day.

Cavite will mark Emilio Aguinaldo's 143rd birth anniversary on March 22, 2012

The President made the declaration via Proclamation 351, signed by Executive Secretary Paquito Ochoa Jr last March 8. It aims to give the people of Cavite the “full opportunity to celebrate and participate in the occasion with appropriate ceremonies.” The day falls on a Thursday. Read the full text of the proclamations here.

Aguinaldo, who served as the Philippine’s first official president, was born to Trinidad Famy and Carlos Aguinaldo on March 22, 1869, which means he was only 27 when the revolution broke out in 1896. He holds the record of being the country’s youngest and longest-lived president. Under Article 7, section 2 of the 1987 Constitution, all presidential candidates must be at least 40 years old, effectively making it impossible for anyone to duplicate General Miong’s feat.

The Department of Labor and Employment require employers to give their employees who report for work during special non-working days an additional 30% to their regular pay for the first eight hours of service provided.  They are entitled to get another 30% premium if they work beyond eight hours on the said days.

Meanwhile, employees who choose to use the holiday are won’t be paid, “unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked.” This is usually dependent on a worker’s employment status (e.g. permanent/regular/tenured employees are typically paid on these days while those whose who are still labeled as casual/probationary workers are not).





Feb. 13, 2012 special non-working day in Parañaque City – pay rules

11 02 2012

This is wonderful news for those working in Parañaque City. Malacañang has declared Monday, February 13, a special-non working holiday in commemoration of Parañaque’s cityhood anniversary. Signed by Executive Secretary Paquito Ochoa, Proclamation No. 329 aims to give the city residents the “full opportunity to celebrate and participate in the occasion with appropriate ceremonies.” Download President Benigno Aquino III’s Proclamation 329 here.

Banner of the Parañaque City government website, featuring Mayor Florencio "Jun" Bernabe

Parañaque was converted into a city in 1998, during the term of then-President Fidel V. Ramos. It subsequently became the 11th member-city of the National Capital Region. Not being a national holiday, Parañaque City-based employees who would report for work on the said day are only entitled to an additional 30% of their regular pay for the first eight hours of work. This is outlined in the pay rules set by the Department of Labor and Employment.

Those who would work beyond eight hours will get another plus 30% of their pay rate on that particular date. Meanwhile, employees who will choose to stay home on February 13 are not bound to get paid “unless there is a favorable company policy, practice or collective bargaining agreement (CBA) granting payment of wages on special days even if unworked.”

This usually depends on a person’s employment status. Regular/permanent/tenured workers are typically paid in full for this day while non-permanent/casual/probationary are not. Employees who are not present in the work day before this holiday (either February 10 or 11) are automatically not entitled to get a holiday premium.





December 30, 2011 Rizal Day National Holiday Pay Rules

16 12 2011

The Philippines would be marking the 115th death anniversary of Dr. Jose Rizal this December 30. Unlike Bonifacio Day (which is Gat Andres’ birth date), we commemorate Rizal Day on the day the national hero was executed in Bagumbayan. As noted in a related post last month, this is because of the controversial circumstances that surround the death of Bonifacio. It must be remembered that June 19 of this year was declared a special non-working day to observe Rizal’s 150th birth anniversary.

December 30 is a national holiday, which means that all employees are entitled to receive their normal daily salary even if they choose not to work on the said date. Those who will report for work on December 30 should receive double their regular pay for every hour of work. This is true for both regular (or tenured and permanent) and non-regular (casual, non-permanent, contractual) employees. Once more, here are the pay rules specified by the Department of Labor and Employment:

If it is an employee’s regular workday

a. If unworked – 100%

b. If worked

1st 8 hours – 200% (double pay!)

Excess of 8 hours – plus 30% of hourly rate on said day

If it is an employee’s rest day

a. If unworked – 100%

b. If worked

1st 8 hours – plus 30% of 200% of regular rate plus 30% (for the overtime)

Rizal day falls on a Friday, which in effect gives Filipino workers one last long weekend before 2011 ends.  This should be stressed: Malacanang has not stated yet whether December 24, a Saturday, December 26, a Monday, and January 2, a Monday, would be declared as special non-working days. Nevertheless, some companies can unilaterally declare these dates as no-work days, so better check this with your respective superiors this early so you can plan ahead.

Also, don’t be absent on the work day immediately preceding a holiday (regardless if it’s a national holiday or just a special non-working one) since doing so will automatically disqualify you from getting any holiday premium, as per DOLE rules.





Benevolent Assimilation Proclamation of 1898 – FULL TEXT

12 12 2011

Benevolent Assimilation Proclamation*

by United States President William McKinley

 

Executive Mansion, Washington

December 21, 1898

The destruction of the Spanish fleet in the harbor of Manila by the United States naval squadron commanded by Rear-Admiral Dewey, followed by the reduction of the city and the surrender of the Spanish forces, practically effected the conquest of the Philippine Islands and the suspension of the Spanish sovereignty therein. With the signature of the treaty of peace between the United States and Spain by their respective plenipotentiaries at Paris on the 10th instant, and as a result of the victories of American arms, the future control, disposition, and government of the Philippine Islands are ceded to the United States. In the fulfillment of the rights of sovereignty thus acquired and the responsible obligations of government thus assumed, the actual occupation and administration of the entire group of the Philippine Islands becomes immediately necessary, and the military government heretofore maintained by the United States in the city, harbor, and bay of Manila is to be extended with all possible dispatch to the whole of the ceded territory.

 

American President Wiliam McKinley made the Benevolent Assimilation proclamation merely 11 days after the Treaty of Paris was signed

In performing this duty the military commander of the United States is enjoined to make known to the inhabitants of the Philippine Islands that in succeeding to the sovereignty of Spain, in severing the former political relations, and in establishing a new political power, the authority of the United States is to be exerted for the securing of the persons and property of the people of the islands and for the confirmation of all their private rights and relations. It will be the duty of the commander of the forces of occupation to announce and proclaim in the most public manner that we come, not as invaders or conquerors, but as friends, to protect the natives in their homes, in their employments, and in their personal and religious rights.

All persons who, either by active aid or by honest submission, co-operate with the Government of the United States to give effect to these beneficent purposes will receive the reward of its support and protection. All others will be brought within the lawful rule we have assumed, with firmness if need be, but without severity, so far as possible. Within the absolute domain of military authority, which necessarily is and must remain supreme in the ceded territory until the legislation of the United States shall otherwise provide, the municipal laws of the territory in respect to private rights and property and the repression of crime are to be considered as continuing in force, and to be administered by the ordinary tribunals, so far as practicable.

The operations of civil and municipal government are to be performed by such officers as may accept the supremacy of the United States by taking the oath of allegiance, or by officers chosen, as far as practicable, from the inhabitants of the islands. While the control of all the public property and the revenues of the state passes with the cession, and while the use and management of all public means of transportation are necessarily reserved to the authority of the United States, private property, whether belonging to individuals or corporations, is to be respected except for cause duly established. The taxes and duties heretofore payable by the inhabitants to the late government become payable to the authorities of the United States unless it be seen fit to substitute for them other reasonable rates or modes of contribution to the expenses of government, whether general or local. If private property be taken for military use, it shall be paid for when possible in cash, at a fair valuation, and when payment in cash is not practicable, receipts are to be given.

All ports and places in the Philippine Islands in the actual possession of the land and naval forces of the United States will be opened to the commerce of all friendly nations. All goods and wares not prohibited for military reasons by due announcement of the military authority will be admitted upon payment of such duties and other charges as shall be in force at the time of their importation. Finally, it should be the earnest wish and paramount aim of the military administration to win the confidence, respect, and affection of the inhabitants of the Philippines by assuring them in every possible way that full measure of individual rights and liberties which is the heritage of free peoples, and by proving to them that the mission of the United States is one of substituting the mild sway of justice and right for arbitrary rule.

In the fulfillment of this high mission, supporting the temperate administration of affairs for the greatest good of the governed, there must be sedulously maintained the strong arm of authority, to repress disturbance and to overcome all obstacles to the bestowal of the blessings of good and stable government upon the people of the Philippine Islands under the free flag of the United States.

 

* This proclamation has been printed many times, in various government publications, e.g., War Department Report, 1899, vol. I, pt. 4, pp. 355-6; Senate Document 208, 56th Congress, 1st Session (1900), pp. 82-3, etc.





My interview with National Artist for Literature F. Sionil Jose

3 12 2011

National Artist for literature Francisco Sionil Jose was born exactly 87 years ago to this day in Rosales, Pangasinan. I interviewed him two years ago, at the height of the controversy created by President Arroyo’s list of National Artist awardees for 2009. Dubbed as “The Old Man of Philippine Letters,” F. Sionil Jose talked about how he wants to be remembered, his frustrations, and his advice for young writers. 

F. Sionil Jose: No Signs of Slowing Down – even at 85

He wrote stories and believed in them.

This, according to National Artist for Literature Francisco Sionil Jose, should summarize the way he wants to be remembered. Those seven words, he said, would be engraved in his lapida (tombstone). He refused to elaborate on it though. Turning 85 this December 3, Jose said he’s already “waiting for the final curtain.” In the meantime, he’ll continue doing what he does best: write.

Clad in a loose blue polo shirt with a baseball cap one Tuesday afternoon, Jose said he’s currently working on two things: a review of the Jose Rizal novels and the first draft of another novel due in 2010. “That’s why you have to be fast with your questions,” he said in an interview at his Solidaridad Book Shop in Ermita, Manila. He also writes a weekly piece for Philippine Star. He explained that because “millions of brain cells die every day,” one has to keep his mind working to delay its deterioration.

The writer with National Artist for Literature F. Sionil Jose at the latter's Solidaridad bookshop (taken in 2009)

A night person, Jose said he typically writes his pieces between 2:00 – 6:00 AM. Already way past the retirement age, one can only wonder what fuels Jose’s drive to write more. “A writer is only as good as his latest work. Passion for what you do is important. And of course, nobody is going to tell me to stop,” Jose said. He added though that he’s having some trouble remembering words right now.

At 84, he said he feels a deep sense of frustration for the Philippines. Though his works dwell on poverty and social injustice (especially in the Rosales saga), he feels that “parang walang nangyari” (as if nothing changed). “I’ve known this country since the pre-World War II days, and there were fewer Filipinos then. Now, all I can see is pervasive poverty. What have I done?” Jose lamented. He then pointed out his humble beginnings by saying that ”putik ang pinangggalingan ko” (I was born dirt poor).

Recently, he, together with other National Artists, had spoken out against the set of honor recipients for 2009 announced by President Arroyo. Asked about the inclusion of four additional awardees this year, Jose said: “I’m not surprised that this happened. Presidents in the past have always interfered (in the process) and you can’t do anything.”

The National Artist award is “the highest national recognition given to Filipino individuals who have made significant contributions to the Philippine art.” Aside from artists whose works have contributed “in building a Filipino sense of nationhood,” it can also be given to those who have “received prestigious national and/or international recognition” and those who “enjoy broad acceptance through respect and esteem from peers.”

Jose described comics-creator Carlo J. Caparas as someone who doesn’t think about his creations. “There is no movie of Caparas that I have watched in its entirety. I always walk out. He doesn’t flow the logic of narratives,” Jose said. Using the classic movie Panday as an example, he called the Caparas’ story writing illogical.

“You cannot use branding iron on a man. We’re not cows! And if you burn a man’s skin, it would be infected,” he said. “Then, women in the provinces never swim by themselves during the 1970s. They only swim when they’re with other women,” the Rosales, Pangasinan native said. “As for me, I always think very hard when I write,” Jose added.

He shrugged his shoulder and hand-gestured when queried about what being a National Artist means to him. “It’s no big deal. But I’m thankful for the accolades that come with it, especially for a writer with no steady source of income (like me),” he said.

The 2004 Pablo Neruda Centennial Awardee says he benefits a lot from the medical and hospitalization benefits that come with the award. Jose is taking maintenance drugs for his diabetes and hypertension. For his part, Bienvenido Lumbera, another National Artist for literature, said Jose has written “the most sophisticated Filipino novels in English.”

Holding a copy of his book "Viajero" (photo taken from his Facebook page)

“The awarding of the title (as National Artist) on F. Sionil Jose affirmed what readers of his novels from different countries all over the world has contended – that Jose is a major Filipino writer who has something valuable to say to readers outside the country,” Lumbera said.

Jose declined to answer when asked about his legacy to the Philippine literature. For Jose Wendell Capili, a multi-awarded writer and a professor at the UP College of Arts and Letters, F. Sionil Jose should be commended “for his body of works as a journalist and as a creative writer.”

Capili noted that Jose revitalized Ilocano literature by writing his narratives in English. “His greatest legacy would be the breadth and scope of his works as a journalist and creative writer. He introduced the Philippines to different countries,” Capili said, noting that Jose’s works had been translated in 30 languages worldwide.

The literature professor added that Jose played a key role in integrating writers from Southeast Asia for many years now. “He organized international writers’ conferences and gathered writers and intellectuals to help conceptualize Southeast Asia as a distinct region vis-à-vis East and South Asia, way before ASEAN (Association of Southeast Asian nations) was established,” Capili said.

Jose, however, downplayed the international acclaim that he has received for his works. “I’m happy to be read by foreigners but I’m not writing for them. I’m writing for the Filipino people,” he said.

Sitting besides his lampshade-lighted desk full of books and a typewriter, F. Sionil Jose gives out this piece of advice to aspiring writers: “Develop a great curiosity for almost anything. You don’t have to be an expert. It’s enough to ask the right questions. Just read, read and read. Then, write, write and write.”

The man who claimed that he once considered committing suicide due to life’s disappointments would indeed leave behind a huge void in the Philippine literary scene, if the curtain finally closes.

PS: This is probably the most memorable interview I’ve done so far. I told him that I first read his works while in secondary, and he responded that my alma mater Ramon Magsaysay High School is one of the best schools in the country. He also told me that to be more successful as a journalist, I must understand the past first (I am now taking my masters in history).








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