Holidays with Pay
I have received on numerous occasions certain questions regarding the treatment of holidays in relation to absences of employees, overtime payments on such holidays (whether regular or special), and even holidays on rest days.
A particular question comes to mind:
Where is it stated in the Labor Code that if an employee is absent (without pay) before a holiday, he will not be entitled to the corresponding holiday pay unless he works on that day?
People have asked me time and again (mostly via email) to show and explain which part of the Labor Code of the Philippines has those provisions. They try to find the answers within Articles 91-93 (Weekly Rest Periods) and 94-96 (Holidays, Service Incentive Leaves and Service Charges).
Where’s the answer?
We have to look beyond the text of the Labor Code itself and try to read behind it. We have to go to the Omnibus Rules Implementing the Labor Code. Specifically BOOK III (Conditions of Employment), Rule IV (Holidays with Pay). Section 6, Paragraph A has the answer.
All covered employees shall be entitled to the benefit provided herein when they are on leave of absence with pay. Employees who are on leave of absence without pay on the day immediately preceding a regular holiday may not be paid the required holiday pay if he has not worked on such regular holiday.
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