Introduction

In the Philippines, official holidays play a crucial role in balancing work-life dynamics, promoting cultural and religious observances, and stimulating economic activities through tourism and consumer spending. These holidays are regulated by national laws and executive issuances, ensuring uniformity across the archipelago. The topic of employer authority to move official holidays arises in the context of flexible work arrangements, business necessities, and employee rights. However, under Philippine labor law, employers possess limited to no unilateral authority to alter the dates of official holidays, as these are predominantly set by the government. Any deviation risks violating employee entitlements to rest and premium pay, potentially leading to labor disputes.

This article delves exhaustively into the legal framework governing official holidays, the distinction between types of holidays, the government's prerogative to adjust dates, the constraints on employers, procedural requirements for any permissible adjustments, consequences of unauthorized moves, employee remedies, and related considerations. It underscores the state's policy of protecting labor while accommodating reasonable business needs, all within the Philippine constitutional and statutory context.

Legal Framework

The primary sources of law on holidays include:

1987 Philippine Constitution: Article XIII, Section 3 mandates the state to afford full protection to labor, including the right to rest and leisure, which holidays facilitate.
Labor Code of the Philippines (Presidential Decree No. 442, as amended): Article 94 guarantees holiday pay for regular holidays and special non-working days. It does not grant employers the power to move holidays but imposes obligations to observe them.
Executive Orders and Proclamations: The President issues annual proclamations listing holidays (e.g., Proclamation No. 729 for 2024 holidays, typically updated yearly). These incorporate "holiday economics," allowing the executive to move certain movable holidays to nearest Mondays or Fridays to create long weekends.
Department of Labor and Employment (DOLE) Issuances: Advisory guidelines, such as DOLE Labor Advisory No. 27-20 on holiday pay rules during the COVID-19 pandemic, clarify implementation but do not devolve moving authority to employers.
Civil Code (Republic Act No. 386): Relevant for contractual obligations in employment contracts that might reference holidays.
Special Laws: Such as Republic Act No. 9492 (Holiday Economics Act of 2007), which institutionalized the moving of certain holidays to promote domestic tourism, but this authority resides solely with the President.

Jurisprudence from the Supreme Court, like Union of Filipro Employees v. Vivar (1992), reinforces that holidays are statutory rights, and employers cannot diminish them through unilateral actions.

Types of Official Holidays

Official holidays in the Philippines are categorized into:

Regular Holidays: Fixed dates commemorating national events, e.g., New Year's Day (January 1), Araw ng Kagitingan (April 9), Independence Day (June 12), National Heroes Day (last Monday of August), Bonifacio Day (November 30), Christmas Day (December 25), and Rizal Day (December 30). Also includes religious observances like Maundy Thursday, Good Friday, Eid'l Fitr, and Eid'l Adha (movable based on lunar calendar but proclaimed annually).
Special Non-Working Days: Additional rest days, e.g., Chinese New Year, EDSA Revolution Anniversary (February 25), Black Saturday, Ninoy Aquino Day (August 21), All Saints' Day (November 1), All Souls' Day (November 2), and Christmas Eve (December 24). These are often subject to presidential adjustment.
Special Working Days: Rare designations where work is allowed without premium, but none are typically official holidays.
Local Holidays: Declared by local government units (LGUs) via ordinances, applicable only within their jurisdiction, e.g., city foundation days. Employers in those areas must observe them similarly.

Movable holidays under RA 9492 include those not fixed by historical or religious significance, allowing presidential proclamation to shift them (except Christmas, New Year, and Holy Week dates).

Government's Authority to Move Holidays

The authority to move official holidays is vested exclusively in the national government:

Presidential Prerogative: Under Section 26 of the Administrative Code (Executive Order No. 292), the President can declare or move holidays via proclamations. This is exercised annually, often in August or September for the following year, to align with holiday economics principles—extending weekends to boost tourism and productivity.
Criteria for Moving: Moves are limited to creating long weekends, e.g., shifting a Tuesday holiday to Monday. Fixed holidays like Labor Day (May 1) can be moved if they fall mid-week.
Islamic Holidays: Eid'l Fitr and Eid'l Adha are proclaimed based on recommendations from the National Commission on Muslim Filipinos (NCMF), with dates adjusted per the Hijri calendar.
Emergency Declarations: During crises (e.g., typhoons or pandemics), the President or DOLE may suspend work, effectively creating ad hoc holidays without moving dates.

LGUs can declare local special non-working days but cannot alter national ones.

Employer Authority and Limitations

Employers do not have inherent authority to move official holidays unilaterally. Key points:

No Unilateral Power: Holidays are statutory, not contractual. An employer cannot reschedule a national holiday to suit operational needs, such as moving Christmas Day to another date. Doing so would constitute a diminution of benefits, violating Article 100 of the Labor Code (non-diminution rule).
Collective Bargaining Agreements (CBAs): In unionized settings, CBAs may negotiate additional company holidays or flexible observance (e.g., floating holidays for personal use), but these cannot override national holidays. For instance, a CBA might allow employees to "bank" holiday work for compensatory off-days, but the official holiday date remains unchanged.
Flexible Work Arrangements: Under Republic Act No. 11165 (Telecommuting Act) or DOLE Department Order No. 202-19 (on flexible work), employers can implement compressed workweeks or flexible hours, but these must still account for official holidays on their proclaimed dates. Work on holidays requires premium pay (200% for regular, 130% for special non-working).
Exceptions for Certain Industries: Continuous operations (e.g., hospitals, utilities) must provide equivalent rest days if work is required on holidays, but the holiday date itself is not moved—only the rest day is substituted (Article 93, Labor Code).
Muslim Employees: In Muslim-majority areas, employers must accommodate Eid holidays, but dates are set by proclamation, not employer discretion.
Probationary or Contractual Employees: Same rules apply; no distinction in holiday observance.

Any attempt to move holidays must be justified, consensual, and approved by DOLE if it affects work schedules broadly.

Procedural Requirements for Permissible Adjustments

While employers cannot move official holidays, they can seek adjustments in work schedules:

DOLE Approval for Exemptions: For holiday pay exemptions (rare, for distressed establishments), apply to DOLE Regional Office with financial proofs.
Employee Consent: For alternative arrangements like holiday substitution in CBAs, majority employee approval via referendum is needed.
Notice Requirements: Employers must post holiday schedules in conspicuous places (DOLE advisory).
Premium Pay Computation: If work occurs on moved holidays (per proclamation), standard rates apply: 200% + COLA for regular holidays, +30% for special non-working.

Consequences of Unauthorized Moving of Holidays

Violations expose employers to:

Administrative Sanctions: DOLE can impose fines (PHP 1,000-5,000 per violation) or order compliance.
Civil Liabilities: Employees can claim unpaid holiday pay, damages, and attorney's fees via NLRC.
Criminal Penalties: Willful violations may lead to imprisonment (1-3 months) under Labor Code provisions.
Labor Disputes: Illegal moves can trigger unfair labor practice charges if union-related.

Employee Remedies

Aggrieved employees can:

File Complaints: With DOLE for inspection or NLRC for money claims (prescription: 3 years).
Single Entry Approach (SEnA): Mandatory conciliation for speedy resolution.
Reinstatement and Backwages: If dismissal results from holiday disputes.
Class Actions: Multiple employees can file jointly.

DOLE provides free legal aid for indigent workers.

Special Considerations

Pandemic Adjustments: During COVID-19, DOLE allowed flexible holiday observance in skeletal workforces, but this was temporary.
Overseas Filipino Workers (OFWs): Holidays follow Philippine proclamations, but host country laws may influence; RA 8042 protects OFW holiday rights.
Part-Time Workers: Pro-rated holiday pay.
Holiday Falling on Rest Days: Employee entitled to additional pay or another rest day.
Economic Impact: Holiday economics has increased GDP through tourism, but critics argue it disrupts religious observances.

Challenges and Reforms

Challenges include enforcement in informal sectors and small enterprises, where holidays are often ignored. Proposed reforms include digital tracking of compliance and stiffer penalties. Legislative bills seek to add more holidays or refine moving criteria, but employer authority remains restricted to prevent abuse.

Conclusion

Employer authority to move official holidays in the Philippines is virtually non-existent, as this power is reserved for the government to ensure equitable observance. Employers must adhere strictly to proclaimed dates, providing requisite pay and rest, to avoid legal repercussions. This framework upholds labor rights while allowing limited flexibility through consensual arrangements. Businesses should consult DOLE or labor lawyers for compliance, fostering harmonious employer-employee relations in a holiday-respecting environment.