What are the rules on holiday pay in the Philippines?
Holidays are special days that everyone looks forward to, especially students and employees. A holiday is a chance to take a break from work or school, rest, relax, and maybe engage in extracurricular activities.
For employees, it is not only a break from work but an opportunity to earn just a little bit more than the normal rate given during regular workdays.
What is holiday pay?
Holidays are special days, and as such, they require special conditions in matters concerning pay during such days. Holiday pay is the pay employees receive for the work they’ve done during a holiday.
The amount of holiday pay depends on the type of holiday, the basic daily wage of the employee, and the amount of time consumed working on such a holiday.
What are the different types of holidays in the Philippines?
There are two major types of holidays in the Philippines: the regular holidays and the special non-working holidays.
Regular holiday
A regular holiday is one that is legally recognized as a national and public holiday and is mandated by law. Regular holidays are usually based on historical or religious events.
Furthermore, government and public offices and institutions typically close down during regular holidays. However, working on regular holidays guarantees the highest pay rate.
As per Republic Act No. 9492 covering the celebration of national holidays, here is the list of regular holidays in the Philippines:
- New Year’s Day: January 1 of each year
- Maundy Thursday: Movable date, on the first Thursday after Palm Sunday
- Good Friday: Movable date, right after Maundy Thursday
- Eid ul-Fitr: Movable date, the President typically makes a declaration regarding the celebration of Eid ul-Fitr every year
- Eid al-Adha: Movable date, the President typically makes a declaration regarding the celebration of Eid al-Adha every year
- Araw ng Kagitingan: April 9 or the Monday closest to April 9
- Labor Day: May 1 or the Monday nearest to it
- Independence Day: June 12 or the Monday nearest to it
- National Heroes Day: Last Monday of August
- Bonifacio Day: November 30 or the Monday closest to November 30
- Christmas Day: December 25
- Rizal Day: December 30 or the Monday closest to it
Special Non-Working Holiday
Special non-working holidays are those that the national government, usually by the President, has declared. In the Philippines, this is part of the Administrative Code and other laws. As such, Filipinos observe special non-working holidays regularly each year. The main difference between regular holidays and special non-working holidays for employees is the amount of pay they receive for working on said days.
As per the publication of Republic Act No. 9492, here are the recognized list of Special Non-working holidays:
- Ninoy Aquino Day – celebrated on August 21 or the Monday nearest August 21
- All Saints Day – celebrated on November 1
- Last Day of the Year – celebrated on December 31
However, over the past years since the publication of Republic Act No. 9492, the following special non-working holidays has been part of the list:
- EDSA People Power Revolution Anniversary: February 25 (Movable on the Friday or Monday nearest February 25 if it lands on the weekend)
- Black Saturday – Movable date, on the Saturday immediately preceding Easter
- Feast of the Immaculate Concepcion of Mary – December 8
There is a third type of special day in the Philippines, which is not as common as the first two types of holidays. And that is…
Special Working Holiday
Special working holidays are not the same as the holidays provided by law. As such, they are also not rest days.
Typically, special working holidays are government declarations as compensation for missed workdays due to calamities and disasters or for holidays that fall on weekends.
Lastly, special working holidays are like ordinary working days. As a result, there is no additional or premium pay.
Who is entitled to holiday pay benefits?
Generally speaking, employees who have rendered service for at least one (1) month to their current employer or company are entitled to receive holiday pay. However, like with any rule, there are exemptions.
Not all employees can receive holiday pay. Individuals belonging to the following categories are exempt from receiving holiday pay:
- Government employees
- Managerial employees described by the labor code
- Managerial staff members and officers described by the labor code
- Employees of retail and service establishments regularly employing less than ten (10) employees
- Domestic helpers and persons in the personal service of another
- Employees engaged on contract, task, or purely commission basis
- Field personnel and other employees whose performance and time are not under employer supervision
Employees who are entitled to holiday pay benefits must be present or must be on authorized paid leave on the workday immediately preceding the holiday in order to receive holiday pay.
What are the holiday pay rules for issuing and computing pay?
The rules for computing holiday pay vary. Furthermore, this depends on whether it is a regular holiday or a special non-working holiday.
How to compute regular holiday pay?
If Unworked
If the employee does not work on a regular holiday, they are still entitled to receive their full daily basic wage. However, this can change if there is an existing company policy or collective bargaining agreement allowing for additional payment on unworked regular holidays. The computation for this scenario is as follows:
Unworked Regular Holiday pay = daily basic wage x 100%
If Worked
Suppose the regular holiday falls on a normal workday. In that case, for the first eight hours of service rendered, the employee should receive 200% of their daily basic wage. This is on top of the Cost of Living Allowance or COLA. This is also referred to as double pay. It is computed as shown below:
Worked Holiday pay = (daily basic wage + COLA) x 200%
If the employee works for more than eight hours on a regular holiday that falls on a normal workday, they are entitled to 30% more than their basic hourly rate on top of the double pay. The computation for overtime pay is as follows:
Regular Holiday Overtime Pay = hourly rate x 200% x 130% x number of hours worked in excess of eight hours
Suppose the regular holiday falls on the employee’s scheduled rest day. In this case, the employee should receive 30% of double their basic daily rate. In addition, they also get plus 200% of their basic daily rate. The computation is as follows:
Regular Holiday Pay = [(basic daily wage x 200%) x 30%] + [(basic daily wage + COLA) x 200%]
Suppose the employee works for more than eight hours on a regular holiday that falls on that employee’s rest day. In this case, the employee should receive a holiday pay amounting to 30% on top of the overtime pay given on regular days occurring on normal workdays.
Furthermore, the overtime pay computation is as follows:
Regular Holiday Overtime Pay = hourly rate x 200% x 130% x 130% x number of hours worked in excess of eight hours
How to compute special non-working holiday pay?
If Unworked
The rule “no work, no pay” applies to an unworked special non-working holiday. As such, employees who do not report for work during said days by default should not receive their basic pay and holiday pay. However, the company may have a collective bargaining agreement (CBA) granting payment on an unworked special non-working holiday.
If Worked
Suppose the special non-working holiday falls on a normal workday. In that case, for the first eight hours of work, the employee should get an additional 30% on top of their basic daily rate plus COLA. The computation for this is as follows:
Special Non-Working Holiday Pay = (basic wage + COLA) x 130%
Suppose the employee works for more than eight hours. In this case, they should receive 30% on top of their basic hourly rate. Furthermore, this is multiplied by 30%. The overtime pay computation is as follows:
Special Non-Working Holiday Overtime Pay = basic hourly rate x 130% x 130% x number of hours worked
Suppose the special non-working holiday occurs on the employee’s rest day for the first eight hours of service. In this case, the employee shall receive 50% more than their basic wage + COLA. The complete formula for the computation is as follows:
Special Non-Working Holiday Pay = (basic wage + COLA) x 150%
Suppose the employee works overtime on the special non-working holiday that falls on their rest day. In this case, the employee shall be paid an additional 30% on top of the 50% on their basic hourly rate. The computation for this is as follows:
Special Non-Working Holiday Overtime Pay = hourly rate x 150% x 130% x number of hours worked
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