October 20, 2017

Atty. Joffrey M. Suyao

Regional Director
Department of Labor and
Employment
Regional office No. X
Monte Carlo Bldg., RER Subdivision Phase 1
National Highway, Kauswagan, Cagayan de Oro City

Dear Sir,

A blessed day to you! This is in regard to a provision in the DOLE handbook

entitling the Pakyaw or piece-rate workers holiday pay. Under the above-stated
handbook on the provisions on Holiday Pay paragraph G(1), to wit:

xxx G. Holiday Pay of Certain Employees

1. Where the covered employee is paid on piece-rate basis, his/her
holiday pay shall not be less than his/her average daily earnings for
the last seven (7) actual working days preceding the regular holiday;
provided, however, that in no case shall the holiday pay be less than
the applicable statutory minimum wage rate. xxx
We have perused over the IRR and other provisions that might explain this
provision further but we found none that can give us insight on this matter.

As the proper authority on this matter and for proper compliance of the Labor
Code, we humbly ask, so as to understand this provision in consonance to the rule
on absences prior to regular holiday, and respectfully raise the following questions,
to wit:

1. When the pakyao or piece rate employee had absences within the last seven
(7) actual workdays, say actual days worked is only 5 days, will he/she be
entitled to holiday pay?

2. If holiday pay be computed on an average daily earning basis, should this

mean that the divisor should be fixed at seven (7) days?

3. If divisor shall be fixed at seven (7) days and if there are absences, this shall
mean that the average daily earnings shall be lower. In this case, shall he be
paid according to minimum wage rate?

Please give these matters your preferential attention. We will be expecting your
response on these matters.

Thank you so much and have a blessed day.

Very truly yours,

SORIANO ARAÑA SAARENAS &

ASSOCIATE LAW OFFICE
By:

Atty. SHEM ANTHONY VILORO

of the Firm