Chinese New Year on February 1, 2022 (Tuesday) has been declared as a Special Non-working Day in the Philippines.
I. When is Chinese New Year to be celebrated in 2022?
Chinese New Year is to be celebrated on February 1, 2022, which is a Tuesday.
II. Special Non-Working Day Pay Computation for Chinese New Year
How to compute Special Non-Working Day Pay for the Chinese New Year?
The computation of the Special Non-Working Day Pay is dependent upon several factors such as if it was also a scheduled Rest Day or overtime work has been performed.
III. Legal Basis for the declaration of Chinese New Year as a Holiday
When was Chinese New Year started to be celebrated as a Special Non-Working Day?
Chinese New Year began to be declared as a Special Non-Working Day with Proclamation No. 295, s. 2011 signed by President Benigno Aquino for the 2012 Holidays. Succeeding proclamations have included Chinese New Year as a Holiday from thereon, with the exception of 2013 Holidays.
Chinese New Year is one of the movable Holidays in the Philippines that requires a proclamation to declare it as such on a given year. Should it not be included in a Proclamation, employees would not receive the premium pay for it.
Law or Republic Act declaring Chinese New Year as a Special Non-Working Day
There is no Republic Act that declares Chinese New Year as a Special Non-Working Day.
Proclamations that declare Chinese New Year as a Special Non-Working Day
|2022||Proclamation No. 1236, s. 2021||1 February (Tuesday)|
|2021||Proclamation No. 986, series of 2020||12 February (Friday)|
|2020||Proclamation No. 845, s. 2019||25 January (Saturday)|
|2019||Proclamation no. 555, s. 2018||5 February (Tuesday)|
|2018||Proclamation no. 269, s. 2017||16 February (Friday)|
|2017||Proclamation No. 50, s. 2016||28 January (Saturday)|
|2016||Proclamation No. 1105, s. 2015||8 February (Monday)|
|2015||Proclamation No. 831, s. 2014||19 February (Thursday)|
|2014||Proclamation No. 655, s. 2013||31 January (Friday)|
|2013||N/A||10 February (Saturday)||Was not declared as a |
|2012||Proclamation No. 295, s. 2011||23 January (Monday)||First Time declared as a |
Special Non-Working Day
Chinese New Year for the Year 2013
For the Year of 2013, Chinese New Year was not declared as a Special Non-Working Day by the Office of the President.
The explanation behind this was given by the Presidential Spokesperson Abigail Valte during a radio interview on held on September 2, 2012.
"There's actually no need to declare it a holiday [...] We've consulted [groups about] this, and we found out that the Chinese New Year in 2013 will fall on a Sunday,"Source: Rappler. (2012, September 2). Why Chinese New Year 2013 is not a holiday in Philippines. Retrieved on 10 February 2021 from "https://www.rappler.com/nation/chinese-new-year-2013-not-declared-a-holiday"
A supposed movable holiday that fell on the Saturday (or a weekend) is not a valid basis to preclude it from being a Holiday.
Fortunately, this has not been used as a precedent as Chinese New Years that fell on Saturdays (e.g, 2017 and 2020) have been declared as Special Non-Working Days.
The specific details that would clearly explain the reason on the non-declaration of the holiday for 2013 would be the consultation notes from such persons or groups.
Vyron earned his Bachelor of Arts in Psychology degree from De La Salle University – Manila and placed 9th in the 1st Psychometrician Board Exam held on 2014. A Human Resource Practitioner and an aspiring Attorney. He writes and answers questions regarding Human Resource Management for fun.
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