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Holiday Pay
Regular Holidays
Concept of Holiday Pay
Holiday pay refers to “the payment of the regular daily wage
for any unworked regular holiday.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Conditions
All employees are entitled to holiday pay (“covered employees”), except
the following:
1. Government employees, whether employed by the National Govern-
ment or any of its political subdivisions, including those employed in
government-owned and/or controlled corporations with original charters
or created under special laws;
2. Those of retail and service establishments regularly employing less
than ten (10) workers;
3. Kasambahay and persons in the personal service of another;
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Coverage
4. Managerial employees, if they meet all of the following conditions:
4.1. Their primary duty is to manage the establishment in which they are
employed or of a department or subdivision thereof;
4.2. They customarily and regularly direct the work of two or more employ-
ees therein; and
4.3. They have the authority to hire or fire other employees of lower rank;
or their suggestions and recommendations as to hiring, firing, and promo-
tion, or any other change of status of other employees are given particular
weight.
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Coverage
5. Officers or members of a managerial staff, if they perform the following duties and
responsibilities:
5.1. Primarily perform work directly related to management policies of their employer;
5.2. Customarily and regularly exercise discretion and independent judgment;
5.3. (a) Regularly and directly assist a proprietor or managerial employee in the man-
agement of the establishment or subdivision thereof in which he or she is employed; or
(b) execute, under general supervision, work along specialized or technical lines re-
quiring special training, experience, or knowledge; or (c) execute, under general su-
pervision, special assignments and tasks; and
5.4. Do not devote more than twenty percent (20%) of their hours worked in a work-
week to activities which are not directly and closely related to the performance of the
work described in paragraphs 5.1, 5.2, and 5.3 above.
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Coverage
6. Field personnel and other employees whose time and performance is unsu-
pervised by the employer, including those who are engaged on task or con-
tract basis, purely commission basis or those who are paid a fixed amount for
performing work irrespective of the time consumed in the performance thereof.
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
12 Regular Holidays
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Holiday Pay
“Every employee covered by the Holiday Pay Rule is entitled to the minimum
wage rate (daily basic wage and COLA). This means that the employee is en-
titled to at least 100% of his/her minimum wage rate even if he/she did not
report for work, provided he/she is present or is on leave of absence with pay
on the work day immediately preceding the holiday.”
“Work performed on that day merits at least twice (200%) the wage rate of
the employee.”
Important: Work on a double holiday results in at least thrice (300%) the wage
rate of the employee.
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Holiday Pay
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Computation
“Using the NCR minimum wage rate (basic wage and COLA) of P481.00 +
P10.00 per day for the non-agricultural sector, effective June 2, 2016 under
Wage Order No. NCR-20.”
“For work within eight (8) hours: Plus 100% of the minimum wage rate of
100% or a total of 200%”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Computation
“Where the holiday falls on the scheduled rest day of the employee, work
performed on said day merits at least an additional 30% of the employee’s
regular holiday rate of 200% or a total of at least 260%.”
“When a regular holiday falls on a Sunday, the following Monday shall not
be a holiday, unless a proclamation is issued declaring it a special day.”
“When Araw ng Kagitingan falls on the same day as Maundy Thursday or
Good Friday, a covered employee is entitled to at least two hundred percent
(200%) of his/her daily wage even if said day is unworked. Where the em-
ployee is required to work on that day, he/she is entitled to an additional
100% of the daily wage.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
3 Muslim Holidays
1. ’Ămun Jadid (New Year), which falls on the first day of the lunar month of
Muharram;
2. Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the
twelfth day of the third lunar month of Rabi-ul-Awwal; and
3. Lailatul Isrā Wal Mi’rāj (Nocturnal Journey and Ascension of the Prophet
Muhammad), which falls on the twenty-seventh day of the seventh lunar
month of Rajab.
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
3 Muslim Holidays
“These official holidays shall be observed in the provinces of Basilan, Lanao
del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat,
Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur and in the
cities of Cotabato, Iligan, Marawi, Pagadian, and Zamboanga, and in such
other Muslim provinces and cities as may be created by law. Upon procla-
mation by the President of the Philippines, Muslim holidays may also be offi-
cially observed in other provinces and cities.”
Important: The dates of Muslim holidays shall be determined by the Office of
the President of the Philippines in accordance with the Muslim Lunar Calen-
dar (Hijra).
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
3 Muslim Holidays
Presidential Proclamation No. 1198 (26 October 1973) provides:
“All private corporations, offices, agencies and entities or establishments
operating within the provinces and cities enumerated herein shall observe
the legal holidays as proclaimed, provided, however, that all Muslim em-
ployees working outside of the Muslim provinces and cities shall be excused
from work during the observance of the Muslim holidays as recognized by
law without diminution or loss of wages during the said period xxx.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
3 Muslim Holidays
Considering that all private corporations, offices, agencies, and entities or
establishments operating within the designated Muslim provinces and cities
are required to observe Muslim holidays, both Muslims and Christians work-
ing within the Muslim areas may not report for work on the days designated
by law as Muslim holidays.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Rules on Absences
“1. All covered employees shall be entitled to holiday pay when they are on
leave of absence with pay on the workday immediately preceding the regu-
lar holiday. Employees who are on leave of absence without pay on the day
immediately preceding a regular holiday may not be paid the required holi-
day pay if they do not work on such regular holiday.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Rules on Absences
“2. Employers shall grant the same percentage of the holiday pay as the ben-
efit granted by competent authority in the form of employee’s compensation
or social security payment, whichever is higher, if the employees are not re-
porting for work while on such leave benefits.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Rules on Absences
“3. Where the day immediately preceding the holiday is a non-work day in
the establishment or the scheduled rest day of the employee, he/she shall not
be deemed to be on leave of absence on that day, in which case he/she
shall be entitled to the holiday pay if he/she worked on the day immediately
preceding the non-work day or rest day.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Successive Regular Holidays
“Where there are two (2) successive regular holidays, like Maundy Thursday
and Good Friday, an employee may not be paid for both holidays if he/she
absents himself/herself from work on the day immediately preceding the first
holiday, unless he/she works on the first holiday, in which case he/she is en-
titled to his/her holiday pay on the second holiday.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
Temporary or Periodic Shutdown
“In cases of temporary or periodic shutdown and temporary cessation of
work of an establishment, as when a yearly inventory or when the repair or
cleaning of machineries and equipment is undertaken, the regular holidays
falling within the period shall be compensated in accordance with the Rules
Implementing the Labor Code, as amended.”
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
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 work days preceding the regular holiday; provided, however, that in no case
shall the holiday pay be less than the applicable statutory minimum wage rate.
2. Seasonal workers may not be paid the required holiday pay during offseason
when they are not at work.
3. Workers who do not have regular working days, such as stevedores, shall be
entitled to this benefit.
Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
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Holiday Pay

  • 2. Concept of Holiday Pay Holiday pay refers to “the payment of the regular daily wage for any unworked regular holiday.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 3. Conditions All employees are entitled to holiday pay (“covered employees”), except the following: 1. Government employees, whether employed by the National Govern- ment or any of its political subdivisions, including those employed in government-owned and/or controlled corporations with original charters or created under special laws; 2. Those of retail and service establishments regularly employing less than ten (10) workers; 3. Kasambahay and persons in the personal service of another; Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 4. Coverage 4. Managerial employees, if they meet all of the following conditions: 4.1. Their primary duty is to manage the establishment in which they are employed or of a department or subdivision thereof; 4.2. They customarily and regularly direct the work of two or more employ- ees therein; and 4.3. They have the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as to hiring, firing, and promo- tion, or any other change of status of other employees are given particular weight. Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 5. Coverage 5. Officers or members of a managerial staff, if they perform the following duties and responsibilities: 5.1. Primarily perform work directly related to management policies of their employer; 5.2. Customarily and regularly exercise discretion and independent judgment; 5.3. (a) Regularly and directly assist a proprietor or managerial employee in the man- agement of the establishment or subdivision thereof in which he or she is employed; or (b) execute, under general supervision, work along specialized or technical lines re- quiring special training, experience, or knowledge; or (c) execute, under general su- pervision, special assignments and tasks; and 5.4. Do not devote more than twenty percent (20%) of their hours worked in a work- week to activities which are not directly and closely related to the performance of the work described in paragraphs 5.1, 5.2, and 5.3 above. Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 6. Coverage 6. Field personnel and other employees whose time and performance is unsu- pervised by the employer, including those who are engaged on task or con- tract basis, purely commission basis or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof. Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 7. 12 Regular Holidays Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 8. Holiday Pay “Every employee covered by the Holiday Pay Rule is entitled to the minimum wage rate (daily basic wage and COLA). This means that the employee is en- titled to at least 100% of his/her minimum wage rate even if he/she did not report for work, provided he/she is present or is on leave of absence with pay on the work day immediately preceding the holiday.” “Work performed on that day merits at least twice (200%) the wage rate of the employee.” Important: Work on a double holiday results in at least thrice (300%) the wage rate of the employee. Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 9. Holiday Pay Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 10. Computation “Using the NCR minimum wage rate (basic wage and COLA) of P481.00 + P10.00 per day for the non-agricultural sector, effective June 2, 2016 under Wage Order No. NCR-20.” “For work within eight (8) hours: Plus 100% of the minimum wage rate of 100% or a total of 200%” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 11. Computation “Where the holiday falls on the scheduled rest day of the employee, work performed on said day merits at least an additional 30% of the employee’s regular holiday rate of 200% or a total of at least 260%.” “When a regular holiday falls on a Sunday, the following Monday shall not be a holiday, unless a proclamation is issued declaring it a special day.” “When Araw ng Kagitingan falls on the same day as Maundy Thursday or Good Friday, a covered employee is entitled to at least two hundred percent (200%) of his/her daily wage even if said day is unworked. Where the em- ployee is required to work on that day, he/she is entitled to an additional 100% of the daily wage.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 12. 3 Muslim Holidays 1. ’Ămun Jadid (New Year), which falls on the first day of the lunar month of Muharram; 2. Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the third lunar month of Rabi-ul-Awwal; and 3. Lailatul Isrā Wal Mi’rāj (Nocturnal Journey and Ascension of the Prophet Muhammad), which falls on the twenty-seventh day of the seventh lunar month of Rajab. Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 13. 3 Muslim Holidays “These official holidays shall be observed in the provinces of Basilan, Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur and in the cities of Cotabato, Iligan, Marawi, Pagadian, and Zamboanga, and in such other Muslim provinces and cities as may be created by law. Upon procla- mation by the President of the Philippines, Muslim holidays may also be offi- cially observed in other provinces and cities.” Important: The dates of Muslim holidays shall be determined by the Office of the President of the Philippines in accordance with the Muslim Lunar Calen- dar (Hijra). Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 14. 3 Muslim Holidays Presidential Proclamation No. 1198 (26 October 1973) provides: “All private corporations, offices, agencies and entities or establishments operating within the provinces and cities enumerated herein shall observe the legal holidays as proclaimed, provided, however, that all Muslim em- ployees working outside of the Muslim provinces and cities shall be excused from work during the observance of the Muslim holidays as recognized by law without diminution or loss of wages during the said period xxx.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 15. 3 Muslim Holidays Considering that all private corporations, offices, agencies, and entities or establishments operating within the designated Muslim provinces and cities are required to observe Muslim holidays, both Muslims and Christians work- ing within the Muslim areas may not report for work on the days designated by law as Muslim holidays.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 16. Rules on Absences “1. All covered employees shall be entitled to holiday pay when they are on leave of absence with pay on the workday immediately preceding the regu- lar holiday. Employees who are on leave of absence without pay on the day immediately preceding a regular holiday may not be paid the required holi- day pay if they do not work on such regular holiday.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 17. Rules on Absences “2. Employers shall grant the same percentage of the holiday pay as the ben- efit granted by competent authority in the form of employee’s compensation or social security payment, whichever is higher, if the employees are not re- porting for work while on such leave benefits.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 18. Rules on Absences “3. Where the day immediately preceding the holiday is a non-work day in the establishment or the scheduled rest day of the employee, he/she shall not be deemed to be on leave of absence on that day, in which case he/she shall be entitled to the holiday pay if he/she worked on the day immediately preceding the non-work day or rest day.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 19. Successive Regular Holidays “Where there are two (2) successive regular holidays, like Maundy Thursday and Good Friday, an employee may not be paid for both holidays if he/she absents himself/herself from work on the day immediately preceding the first holiday, unless he/she works on the first holiday, in which case he/she is en- titled to his/her holiday pay on the second holiday.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 20. Temporary or Periodic Shutdown “In cases of temporary or periodic shutdown and temporary cessation of work of an establishment, as when a yearly inventory or when the repair or cleaning of machineries and equipment is undertaken, the regular holidays falling within the period shall be compensated in accordance with the Rules Implementing the Labor Code, as amended.” Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 21. 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 work days preceding the regular holiday; provided, however, that in no case shall the holiday pay be less than the applicable statutory minimum wage rate. 2. Seasonal workers may not be paid the required holiday pay during offseason when they are not at work. 3. Workers who do not have regular working days, such as stevedores, shall be entitled to this benefit. Citation: 2016 Handbook on Statutory Monetary Benefits by DOLE-BWC
  • 22. For more information, please visit www.laborlaw.ph We value feedback. � For comments or permission to use slides, send us an email: info@jdpconsulting.ph. LABORLAW
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