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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 a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is 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.
AT A GLANCE:
In 2004, Republic Act No. 9256, an act declaring August 21 of every year as Ninoy Aquino Day, a special nonworking holiday, was signed into law by former President Gloria Macapagal-Arroyo.
Under RA 9256, in order to commemorate the death anniversary of former Senator Benigno “Ninoy” S. Aquino, Jr., August twenty-one of every year is hereby declared as the Ninoy Aquino day which shall be a national nonworking day.
The EDSA Commission was tasked to plan and implement appropriate ceremonies for the observance of Ninoy Aquino Day.
On August 11, 2025, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 11, Series of 2025 for the payment of wages for the Special (Non-Working) Day on August 21, 2025.
If the employee does not work, the “no work, no pay” principle shall apply unless there is a favorable company policy, practice, or collective bargaining agreement (CBA) granting payment on a special day.
For work done during the special day, the employer shall pay the employee an additional 30% of the basic wage on the first eight hours of work. (Basic wage x 130%)
For work done in excess of eight hours, the employer shall pay the employee an additional 30% of the hourly rate on said day. (Hourly rate of the basic wage x 130% x 130% x number of hours worked)
For work done during the special day that also falls on the employee’s rest day, the employer shall pay the employee an additional 50% of the basic wage on the first eight hours of work. (Basic wage x 150%)
For work done in excess of eight hours during the special day that also falls on the employee’s rest day, the employer shall pay the employee an additional 30% of the hourly rate on said day. (Hourly rate of the basic wage x 150% x 130% x number of hours worked)
Related Articles:
- Proclamation No. 727: Regular Holidays and Special (Non-working) Days for the Year 2025
- Election Day (Special Non-Working Holiday)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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