Are you aware of the Rules regarding Holiday Pay?

Most employers and employees usually got confused regarding the Rules on Holiday Pay.  Wrong interpretation or lack of knowledge on Rules on Holiday Pay usually lead to legal battles between an employee and their employer.   As a guide to both employer and employee, I am posting here the Rules on Holiday Pay during a nationwide declared holiday.

Rules on Holiday Pay:

  • If the holiday falls on an employee’s regular workday
    • If an employee worked, the employee is entitled to 200% of his or her basic wage for the first eight (8) hours and, for work in excess of the 8 hours, to an additional 30% of his or her hourly rate on the said day.
    • If an employee did not work, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay on the work day immediately preceding the holiday.
  • If the day is the employee’s rest day:
    • If an employee worked, the employee is entitled, for the first 8 hours, to 200% of his or her daily rate plus 30% and, for work in excess of 8 hours, plus 30% of his or her hourly rate on the said day.
    • If an employee did not work, the employee is entitled to 100% of his or her regular daily rate, provided he or she was present, or was on leave with pay, on the work day immediately preceding the holiday.
  • When the day immediately preceding the holiday is a non-working day in the company or the scheduled rest day of the employee, he or she shall not be deemed on leave of absence on that day, in which case he or she shall be entitled to the holiday pay.

For other employee benefits, please read here.

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Comments

  1. 1
    Mark // May 9th, 2010 at 1:49 pm

    hi

    question

    if the holiday is your rest day then you decide to render OT for 5 hours. Will you only be paid for the 5 hours OT and no more 100% legal holiday pay which you will receive automatically if the holiday is your rest day ?

    Thanks

  2. 2
    steve // May 30th, 2010 at 12:15 pm

    yes, u are definitely right, it should be pay for, 100% for legal holiday pay asap which I think it’ll be on either the 29 and no later than the 30th. Thanks for the question!

  3. 3
    steve // May 30th, 2010 at 12:26 pm

    Yes, I am very sorry that I didn’t keep up my word, and I totally understand how upset the other party didn’t get pay on time, as we speak, I’ll try to resolve this issue asap, maybe in 2 to 3 hrs. from now, thanks!

  4. 4
    dada // June 8th, 2010 at 11:10 am

    Scenario: An employee was required to report on a regular holiday for half day only.

    Computation: The rate of the employee for half day + the single pay for holiday, thus:

    4 (hours duty of the employee) – equivalent to half day
    + 8 (hours) – equivalent to single pay for regular holiday
    ______
    12 hours

    Is the above computation correct regardless if he is a contractual or a regular employee? May I ask for the specific DOLE rule on this.

    thank you very much!

  5. 5
    tats26 // June 9th, 2010 at 11:17 pm

    Hi,

    The Independence Day holiday is moved to Monday 6/14 due to holiday economics would the employee be paid 200% if he/she take a leave (sick leave) on friday 6/11?

    Thanks!

  6. 6
    urot // June 10th, 2010 at 5:45 pm

    You will not be paid 200%, but the sick leave will be credited back to your available number of sick leaves. It is as if you cancelled your sick leave.

  7. 7
    lhen // July 23rd, 2010 at 5:07 pm

    Is it possible that if you are not present on a holiday it will be taken against your leave credits?

  8. 8
    Pinky // September 2nd, 2010 at 3:34 pm

    how do we treat the ff holiday and its premium pay:

    1. Work during Legal & Special Holiday falling on the same day – 260% all in all?

    2. Work during 2 Legal Holidays falling on the same day

    3. Work during Special Holiday falling on Saturday under Compressed work week schedule, where Sat. hours are distributed from Monday to Friday

    4. Work during Legal Holiday falls on Saturday under Compressed work week schedule

  9. 9
    Eleazar // December 27th, 2010 at 3:21 pm

    Hi, how about if i was absent in the last working day, immediately preceding the holiday and has only 1/2 day on the day of the holiday? Am i entitled to 100 holiday pay even if i have not reached the 8 hours work time?

  10. 10
    jocelyn // January 8th, 2011 at 10:18 pm

    How do we treat 2 Legal Holidays falling on the same day?

    My friend gave birth Mar. 2010, she only got maternity pay from SSS, is her employer required to give her a 60-day maternity leave with pay?

  11. 11
    Mizpah Cruz // April 28th, 2011 at 4:32 pm

    Does this applies to both regular & probationary employees?

  12. 12
    mary monina // April 29th, 2011 at 2:06 pm

    hi, how about if I was 1/2 day in my last working day, am I entitled to 100% holiday pay or just 1/2 day of my holiday pay also?

  13. 13
    JollyMe // May 29th, 2011 at 1:07 pm

    Say for example in a week we should work for 5 day at 8 hours a day and then we are given 2 days rest day. Then for that particular week the holiday is a Wednesday and the staff is given that day off but then we still went to work for 5 days during that week except the holiday, are we entitled to another day off? Is it legal that the employer would set an employee’s rest day on a holiday to avoid double pay? Btw we work on a shifting sched and not on a regular mon to fri work. Thank you.

  14. 14
    Agnes Diaz // August 27th, 2011 at 1:38 pm

    hi, how about if I was 1/2 day in my last working day, am I entitled to 100% holiday pay or just 1/2 day of my holiday pay also? thank you

  15. 15
    Urot // August 30th, 2011 at 7:51 am

    You will be paid half day. Take note of the 100% rate

  16. 16
    Urot // August 30th, 2011 at 7:58 am

    If the rest day was already scheduled before the holiday was declared, then it is legal. The additional day required to complete the 5 working days must be paid as an overtime.

  17. 17
    emp // September 23rd, 2011 at 11:37 am

    Hi, how about if you are in a night shift schedule and for example your work starts at 10 pm and after 12 midnight the date will change. Is it still considers as whole day holiday pay even if the rest of your working hours have already fallen on the following day of the holiday?

  18. 18
    Mark Joseph Corilla // November 9th, 2011 at 1:30 pm

    What if, i was absent before holiday, should i entitled for a holiday pay?

  19. 19
    racz // September 4th, 2012 at 11:17 am

    What if, I was absent before holiday, should i entitled for a holiday pay?

  20. 20
    alex // September 4th, 2012 at 2:40 pm

    @racz

    You are entitled for a holiday pay if you are a regular employee.

    However, if you are a daily employee, you will not be receiving holiday pay.

    Hope this helps :)

  21. 21
    sam // September 11th, 2012 at 8:05 pm

    what if for per hour employees. Shift is from 9pm-6am (Tuesday – Wednesday) Wednesday is a holiday, Then on Wednesday another shift starts 6pm – 3am (Wednesday to Thursday). Should the holiday hours be computed for work rendered from midnight Wednesday to midnight going to Thursday? Company says will only pay 8 hours from the shift of wed-thurs, saying the prior shift’s start did not fall on a holiday yet. Total hours of work rendered real time on Wednesday (holiday) is 00:00-6am = 5 hours, and 6pm-00:00 = 5 hours (already deducted 1 hour breaks) 10 hours total. Any opinion?

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Computation and Rules On Holiday Pay In The Philippines | AlxJM.com