Law Summary
Definition and Classification of Holidays
- Holidays are classified as regular holidays, declared special days (special non-working days), and special working holidays.
- Regular holidays include New Year's Day, Maundy Thursday, Good Friday, Araw ng Kagitingan, Labor Day, Independence Day, National Heroes Day, Bonifacio Day, Eidul Fitr, Christmas Day, and Rizal Day.
- Declared special days include All Saints Day (November 1), Last Day of the Year (December 31), and other special non-working days recognized by law or proclamation.
- Special working holidays are declared holidays where work is treated as ordinary working days.
Payment and Work Rules for Regular Holidays
- If the holiday falls on an employee’s regular workday:
- No work: employee is entitled to 100% of daily wage.
- Work for first 8 hours: employee receives 200% (double) of the daily rate.
- Work beyond 8 hours: employee receives an additional 30% of the hourly rate on the holiday rate for excess hours.
- If the holiday falls on an employee’s rest day:
- No work: employee still entitled to 100% of daily wage.
- Work for first 8 hours: employee receives 200% plus 30% of the hourly rate on the holiday rate.
- Work beyond 8 hours: same 30% additional hourly rate applies.
Payment and Work Rules for Declared Special Days (Special Non-Working Days)
- If no work is performed, the employee is generally not entitled to pay unless a company policy, practice, or collective bargaining agreement provides otherwise.
- If work is performed on the special day:
- First 8 hours: employee is entitled to an additional 30% of the daily rate (total 130%).
- Work beyond 8 hours: an additional 30% of the hourly rate on the special day rate is granted.
- If the special day falls on a rest day and is worked:
- First 8 hours: employee receives 150% (100% plus 50%) of the daily rate.
- Work beyond 8 hours: employee receives additional 30% of the hourly rate on the special day rate.
Payment Rules for Special Working Holidays
- Work performed on special working holidays is compensated at the employee’s basic rate only.
- No premium pay is required as such days are considered ordinary working days.
Implementation and Guidance
- Employers must observe these rules strictly in compliance with the Labor Code and relevant executive issuances.
- These guidelines cover various types of holidays to clarify payment obligations and employee rights regarding holiday work.
- The rules aim to ensure fairness and consistency in wage payments during holidays in the private sector.