Holiday Pay Computation for Monthly paid employees

If an employee is being compensated on a monthly basis, according to law, in a regular holiday , one could be paid 200 % percent in the first 8 hours and 30 % of the daily rate for every hour thereafter. But according to the HRD, it cannot be if the divisible used is 356 days. I argued that as being a monthly paid employee, the divisible is really 356 days because it is assumed that everyday of the month regardless work day or off days are considered already paid.

In this thread of thought, I'd like to be enlightened more on this particular argument. Hope you could help me with it.

Thanks a lot!

the company has the right to determine what divisor they are using as long as the output is not below the minimum wage and it is clear what days in the month are being paid. you can look up the normal divisors at the dole website.

once it is clear what is his daily wage rate, a qualified employee is entitled to that rate on a legal or special holiday if he does not work.

if he works, he is entitled to 200% if it is a legal holiday and 130% if it is a special day, and OT will be based on this premium rate.

Thanks Atty! I missed to mention earlier the nature of work, what if the nature of work are teachers does it have a different formula for that considering the basis of divisor used? In this case, they used the 365 days... can we still demand for the holiday pay applied therein? thanks Again. I truly appreciate your help in this matter. God Bless you always.