Wellington Investment vs Trajano

Facts:
Upon an inspection of the Wellington Flour Mills, owned and
operated by petitioner, the latter was accused of non-payment of
regular holidays falling on a Sunday for monthly-paid employees.
Petitioners Arguments:
1. Monthly salary of the monthly-paid employees already
includes holiday pay for all the regular holidays.
2. To pay for the extra days (regular holidays on a Sunday), as
compelled by the Order of the DOLE, it is in effect being
compelled to pay for alleged extra working days.
DOLEs Contentions:
1. Regular holidays falling on Sundays have precluded the
enjoyment by the employees of a non-working day and the
employees consequently have to work for additional days.
2. When a regular holiday falls on a Sunday, an extra or
additional working day is created and the employer has the
obligation to pay its employees for the extra day.
Issue: Whether or not a monthly-paid employee is entitled to an
additional pay aside from his usual holiday pay, whenever a
regular holiday falls on a Sunday.
Held:
No.
To agree with DOLEs theory would increase the number of days in
a year, instead of 365 days, as basis for computation of salary for
monthly-paid employees. There is no provision of law requiring
employers to make adjustments in the monthly salary rate set by
them to take account of the legal holiday falling on Sundays or to
reckon a year at more than 365 days.