Absence on Holy Thursday and Good Friday
How Philippine Law, DOLE Rules, and Workplace Policies Interact—With a Focus on the Notice-to-Explain (NTE) Process
1. Why Holy Thursday and Good Friday Matter in Philippine Labor Law
| Day | Legal Classification | Governing Authority | Typical Proclamation Reference* |
|---|---|---|---|
| Good Friday (Biyernes Santo) | Regular Holiday (automatic, fixed) | Art. 94, Labor Code; R.A. 9492 | Always listed in the President’s annual holiday proclamation |
| Maundy/Holy Thursday | Regular Holiday (by yearly proclamation) | Art. 94, Labor Code; R.A. 9492 | Presidential Proclamation on holidays for the year |
*The President issues a proclamation (e.g., Proclamation 368-s-2024) that repeats Good Friday and declares Holy Thursday as a regular holiday for that particular year.
Practical impact
- “No Work, No Pay” is not the default. Art. 94(a) compels employers to pay 100 % of the daily wage even if the employee does not work, provided eligibility rules are met.
- If the employee actually works, the rate is 200 % of the daily wage for the first 8 hours, plus 30 % of the hourly rate for overtime (Art. 94(c)).
- Holiday-pay eligibility is lost if an employee is absent without pay on the workday immediately preceding the holiday unless the company policy or CBA states otherwise (DOLE Handbook on Workers’ Statutory Monetary Benefits, 2023 ed.).
2. Scheduling Work on These Days
Business necessity test. 24/7 operations (BPOs, hospitals, utilities, hotels, transport, etc.) may lawfully schedule staff on regular holidays, provided the holiday-pay premium is observed.
Voluntary vs. mandatory work. Unless the employment contract, CBA, or company rule stipulates otherwise, work on a regular holiday is generally voluntary. Management cannot compel work unless there is:
- An express provision in the employment contract/CBA; or
- An established company policy consistently applied; and
- Notice reasonably given to affected employees.
Religious-freedom angle. Art. III § 5 of the 1987 Constitution protects free exercise of religion, but it does not compel the employer to close operations. What it requires is reasonable accommodation (e.g., shift swapping, prioritizing volunteers) so long as it does not impose undue hardship on the business.
3. When an Employee Is Absent—Is a Notice-to-Explain Required?
| Scenario | Is NTE Needed? | Rationale |
|---|---|---|
| Employee not scheduled (company closed or employee not in the shift plan) | No | No duty was imposed. Absence does not constitute misconduct. |
| Employee scheduled but filed approved leave | No (but keep records) | Leave is authorized; holiday-pay eligibility consequences may apply. |
| Employee scheduled, no prior leave, fails to report | Yes | Potential AWOL / insubordination / neglect of duty. Due process is mandatory under Art. 297–299 and DO 147-15. |
| Employee absent on the day before the holiday and again on the holiday | Yes, plus loss of holiday pay | There are two separate issues: (i) failure to work on a regular workday and (ii) possible insubordination on the holiday. |
4. The Twin-Notice Due-Process Framework
First notice—NTE (Notice to Explain)
Who: Immediate supervisor or HR issues.
Content checklist:
- Specific act/omission: e.g., “Failure to report for the 7 a.m.–3 p.m. shift on April 17, 2025 (Holy Thursday) despite written duty roster dated April 5, 2025.”
- Rule violated: Cite company code of conduct article, CBA clause, and/or Art. 297(c) “gross and habitual neglect.”
- Possible sanction: “Written warning to dismissal,” etc.
- Period to reply: At least 5 calendar days (DO 147-15, §5[a]).
Opportunity to be heard
- Hearing/clarificatory conference is mandatory if requested in the written explanation or if dismissal is being considered.
- May be waived by the employee in writing.
Second notice—Decision
- Findings of fact + company policy + penalty imposed.
- Must be served within a reasonable time after evaluating the answer and conducting the hearing.
TIP: Because the holiday premium is hefty, arbitrators often view unexplained absences on a regular holiday as aggravated. Conversely, they also look for evidence that management gave clear prior notice of the work schedule.
5. Penalties: Matching Gravity with Proportionality
| Violation | First Offense (common) | Repeat Offense (common) |
|---|---|---|
| AWOL – 1 day on a regular holiday | Written reprimand or 1- to 3-day suspension | 5- to 15-day suspension |
| AWOL – habitual or insubordination (disobeying direct order to report) | 5- to 15-day suspension | Dismissal (Art. 297[a][e]) |
| Falsified reason (e.g., fake medical certificate) | 15-day suspension to dismissal | Dismissal |
Jurisprudence anchor: Alcantara v. Philippine Commercial and Industrial Bank (G.R. 160010, Feb 9 2005) – Unauthorized absences may merit dismissal only when gross and habitual and when due process is observed. St. Luke’s Medical Center v. Aliling (G.R. 195875, Nov 29 2017) – Single or isolated act of absence usually does not amount to “gross neglect,” absent aggravating circumstances.
6. Holiday-Pay Forfeiture vs. Disciplinary Action—Two Separate Tracks
- Statutory holiday pay may be forfeited if the eligibility rule is not met (absent on the workday immediately preceding), even if the absence is later excused.
- Discipline concerns the absence on the holiday itself. A valid excuse (e.g., sudden illness) may avert disciplinary sanctions but cannot retroactively restore lost holiday pay—unless company policy or CBA is more generous.
7. Interaction with Flexible Work and WFH Arrangements
- If employees are on official compressed-workweek or flexible schedule, the holiday credit applies to the average number of hours in their normal workday (DOLE DA 02-09).
- For remote employees, absence is still tracked via log-in records. Failure to go online when scheduled is the functional equivalent of absence on-site and triggers the same NTE protocol.
8. Religious Accommodation in Multi-Faith Workplaces
| Employee Category | Typical Accommodation | Limits |
|---|---|---|
| Catholic / Christian (majority) | Shift swap, option to use leave credits, excused absence if business allows | Business necessity; uniform policy |
| Non-Christian | Voluntary “stand-in” with holiday premium—an inclusive practice that also boosts morale | Cannot coerce on the basis of faith |
Although Holy Thursday and Good Friday are Christian in origin, Doctrine of Reasonable Accommodation (from U.S. Title VII influence, but echoed in DOLE issuances) suggests adjusting schedules if it does not cause undue hardship.
9. Draft NTE Template (excerpt)
Re: Notice to Explain – Absence on Holy Thursday (April 17, 2025)
You were scheduled to report for duty on April 17, 2025 from 0700H to 1500H as per Duty Roster No. 2025-14. Records show that you failed to report and did not file any leave or inform your immediate superior.
This act, if true, violates Section 5.2 (Absence Without Leave) of the Employee Handbook and may constitute Insubordination under Art. 297(a) of the Labor Code.
Pursuant to DOLE Department Order 147-15, you are hereby directed to submit a written explanation within five (5) calendar days from receipt of this notice why no disciplinary action should be taken against you.
You may request a conference if you wish to clarify any point or present evidence.
Failure to submit an explanation within the period shall be construed as a waiver of your right to be heard, and the company will decide the matter based on available records.
Signed, HR Manager Date: April 18, 2025
10. Best-Practice Checklist for Employers
- Publish holiday duty rosters at least two weeks ahead.
- Circulate a memo reminding staff of holiday-pay rules and the consequence of unapproved leaves.
- Document consent of employees who volunteer for holiday work.
- Apply sanctions consistently. Inconsistent penalties expose the company to illegal-dismissal cases.
- Keep payroll, attendance logs, and NTE records for at least three years (Labor Code Art. 128-c).
11. Key Take-Aways
- Holy Thursday and Good Friday are regular holidays; absence per se is not an offense unless the employee was properly scheduled to work.
- When absence is unauthorized, the twin-notice rule (NTE + hearing + decision) under DO 147-15 is mandatory before any suspension or dismissal.
- Holiday-pay eligibility is a statutory matter and can be lost even if the disciplinary aspect is later forgiven.
- Employers should balance business necessity with religious accommodation, keep clear paper trails, and impose penalties that are proportionate and consistent with past practice and jurisprudence.
This article reflects the law and DOLE issuances up to June 13, 2025 and is intended for general guidance. It does not substitute for personalized legal advice.