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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Hi! I am TECH SUPPORT REP in a call center. I received my payslip this cut off with a Php1500 deduction. I was shocked. I only learned later that there was an overpayment last june and july 2009 so they’re deducting it this cut-off. Their claim re overpayment may be right but not informing us ahead of the time prior to making the deduction really upsets me. When I read a portion of the labor code re what happened it states there that an employer doesn’t have the right to make a deduction unless the emloyee was informed. Please help me out, can i file a legal complaint?
To Maricar Galvez,
The provision stating that “an employer doesn’t have the right to make a deduction unless the employee was informed” is correct but might not apply in your case, and would not prosper as a complaint since these “deductions” were made to correct an error of overpayment. Though it would have indeed been better that you could have been informed in advance.
Thanks for the reply, I really appreciate it..
I have a question regarding this post. The law states:
SECTION 1. Coverage. — This rule shall apply to all employees except:
…(d) Managerial employees as defined in Book Three of the Code;
I am an officer of the company. My boss told me that since I am an officer I will not be paid during the holidays. She even told us that it is stated in the Labor Law. I’m just confused, I am not a manager but I hold a special position in the company. Am I still entitled for Holiday pay?
Please enlighten me.
Thanks
Hi,
I work in a call center monday to friday and my shift starts at 8pm to 5am. My question is we have a work last maundy thursday and good friday but when we receive our payslip we just all got a real time pay for the holiday like it was supposed to be a 100% of what we’re earning for a day but we only receive 4 hours holiday pay and it’s a double pay day although we had a night shift. This is the only call center that only pays holiday (double Pay) that pays only on what time falls like 8pm to 12am was the only time credited to us for holiday double pay. How was that? What I know is that as long as you have a shift on that day whole day as long as it falls on the same day no matter if it’s 8-9-10-or 11pm you’re still counted to have a double holiday pay as long as you come to work as a whole day. /i felt that it was unfair for us working in a call center especially on a maundy thursday and good friday instead of spending it with our family and reflect — and yet we go to office to work bec. it’s a business call but we only been paid for 4 hours instead of double holiday pay. I want to know the labor code for this for the sake of all of us working in a call center. thank you. Please send me the reply at my email address: lovekoxavie@yahoo.com
Hi,
I also have this same problem with my trainees. Their shift is from 10pm to 7am. Our HR is saying that for June 14,2010 holiday, they only eligible for the 2 hours (10pm – 12am). I’m not very comfortable with this. Since if they do not work, they will still be paid 100%. Are they really only eligible for the 2 hours, just because the rest of their shift falls on a non-holiday?
An insight on this
sir i want to know if the May 10 election day is a holiday?
if it is have a holiday pay… im contractual in La Salle, i hope you can feed back me
sir i want to know if the election day is a legal holiday? if it is a holiday pay. im contractual
sir i want to know if the election day it is a legal holiday. and we have a holiday pay.
im a contractual
Dan,
Since you’re contractual, you’re daily-paid. And the no-work no-pay rules apply to the election day since it’s a special holiday.
RT @council: Holidays with Pay # http://bit.ly/5Bo7gx
I am an employee of a local corporation here in laguna… i would like to ask if it is lawful for our HRD to issue a memorandum regarding required attendance of a regular employee to come to work on special non-working holidays? Also stated there in the memo a need to file leave of absence on the said special non-working holidays or you will be deemed absent if you dont come to work on that special non-working holiday…thank you..
How is the computation for overtime of the legal holiday.
I am a monthly basis which means if i will not come to work that day, still the company will
pay my regular day rate. But the company requires me to finish rush projects so i come to work. when the pay day comes i have noticed on my payslip that i have only earned 100% of my daily rate additional on my salary. they said that the other half is already on my basic pay.
then i have conclude what if it is only special holiday which is only 130% i will only paid 30% of my daily rate for that day that i have work 8 hrs. which means if my daily rate is P450.00 x .30 = 135, so i will only earn 135 for working 8 hrs in one day, which is if i will not come to work i am still be paid.
claire,
that’s a correct interpretation.
Legal Holiday unworked = 100% (as included already in monthly salary)
Legal Holiday worked = 100% Basic (as included already in monthly salary) + 100% additional premium
Special Holiday unworked =100% (as included already in monthly salary)
Special Holiday worked = 100% Basic (as included already in monthly salary) + 30% additional premium
Do the statements below means, for a monthly paid employee, his or her absence on legal or special holiday is still with pay? Is this the rule of law? Also, could the employer enforce a policy that monthly paid employees would not be paid on special holidays when they are absent?
that’s a correct interpretation.
Legal Holiday unworked = 100% (as included already in monthly salary)
Legal Holiday worked = 100% Basic (as included already in monthly salary) + 100% additional premium
Special Holiday unworked =100% (as included already in monthly salary)
Special Holiday worked = 100% Basic (as included already in monthly salary) + 30% additional premium
Do the statements below mean, for a monthly paid employee, his or her absence on legal or special holiday is still with pay? Is this the rule of law? Also, could the employer enforce a policy that monthly paid employees would not be paid on special holidays when they are absent?
that’s a correct interpretation.
Legal Holiday unworked = 100% (as included already in monthly salary)
Legal Holiday worked = 100% Basic (as included already in monthly salary) + 100% additional premium
Special Holiday unworked =100% (as included already in monthly salary)
Special Holiday worked = 100% Basic (as included already in monthly salary) + 30% additional premium
i have work for almost 1 year in the company and as far as i know i have been a regular already but dont have any Sick Leave yet because i havent reach 1 year yet, August 30 is a legal holiday and i was told not report but is it right that they wont pay me for the hoilday since it is legal? their reason is that because i still dont have any sick leave so they cant pay me on the holiday because i wasnt present? pls. reply
I am a monthly paid employee. I was absent a day before my rest day, and that rest day is a day preceding the Special ( non- working) Holiday. since i didn’t report last October 23,24,25, 2010 Our HR- Timekeeping says that, Rule IV Section (c)applicable on my status!.. How come? I am monthly paid- employee.. but actually my contract says that I am a Consultant, working as an independent contractor, not considered as an employee of the company.. but I am required to report 6 days a wek, 8 hours a day.. and my remuneration is a Professional Fee paid monthly.. and for every Holiday or duty on day off I am entitled to earn Lieu leave… another question is… am I covered by Rule IV section 1 (e)?.. Or I am no Work No Pay? thank you..
Hi! just want to ask, if ever the employee is abest before the holiday but he/she fill-up a leave form, the holiday will be paid or not?
Thanks
It will be paid if the leave is approved.
It may be unpaid if the leave is disapproved.
Hi patrick,
Happy new year. I am monthly basis, but last dec. 29, My boss let me to work on that day, which is that our vacation already. Do the company paid me?
Thanks
just want to ask question: if ever the regular employees on daily rate will absent without pay after the holiday,is he/she still entitled to the benefit of the holiday?
Sir/Madam :
I have rendered duty HALFDAY on April 30, a day before labor day which was sunday,Our Restday. Can I claim a holiday pay?
Would like to ask re the holidays that fall on a Sunday. What is the correct treatment for that for us monthly paid employees? Should there be additional pay since, our counted working days is 314? Which the sundays were already deducted? Thanks in advance for your reply.
Just want to ask if it i am still entitled to a holiday pay for August 29 & 30, 2011. I am a monthly paid employee but was absent or did not report to work on August 27, 2011.
Hoping for your response. Thanks.
IMO, you should be paid because the day immediately preceding the regular holiday (Sunday) was your rest day. Therefore this rule (Section 6) would not apply to you.
hi..my salary breakdown/mon is:
basic salary……10000
COLA………….. 2000
i just want to ask how will the computation be for my overtime pay and special holiday pay..will it be based on the basic salary alone or with the COLA..
basic only.
computation depends on how many days you work per week.
This rule states when an EMPLOYEE is on Leave w/out pay preceding a holiday. what if, the employee was absent on the holiday itself where she was required to work. Will she still get paid 8hrs?
i’m working at a private school, and i’m a regular faculty. our regular Christmas vacation starts Dec 19, is the school required to pay us for the rest of the month even if we don’t work? which holidays are to be paid to us? dec 25 falls on a sunday will they pay us?. thanks.