Holiday Pay Entitlements for Kasambahay (Philippines): The Complete Guide

Philippine context • Applies to domestic workers/kasambahay under R.A. 10361 (Kasambahay Law) and its IRR • For employers and household helpers. General info, not legal advice.

1) Who counts as a “kasambahay”?

Covered: Househelpers who perform work in or about the employer’s home such as yaya, family driver (if serving the household, not a transport business), cook, gardener, laundry person, utility help—whether live-in or live-out, full-time or part-time (but part-timers who work for multiple households are treated per household for wage/benefits).

Not covered: Workers hired primarily for a business (e.g., driver for a delivery company), or those providing services through an agency to multiple clients under an employment arrangement with that agency.

2) Core idea: Are kasambahay entitled to statutory holiday pay?

Short answer

There is no stand-alone, automatic “holiday pay” entitlement for kasambahay under current law.

The Labor Code holiday pay rule (for regular and special holidays) does not apply to household helpers.
The Kasambahay Law sets minimum cash wage, rest periods, 5-day paid service incentive leave, 13th-month pay, and mandatory SSS/PhilHealth/Pag-IBIG, but it does not create a statutory holiday premium.

What that means in practice:

If a regular or special holiday occurs and the kasambahay does not work, the employer is not legally required to pay a separate “holiday pay,” unless the written employment contract or company/household policy provides it.
If the kasambahay works on a holiday, there is no legally mandated premium rate (e.g., 200% or 130%) unless you agree to one in the contract. Many households voluntarily adopt Labor Code-type premiums as a policy—good practice, but not compulsory for kasambahay.

Tip: Put your holiday policy in writing. If you promise holiday pay or premiums in the contract or handbook, they become binding benefits.

3) What is mandatory for kasambahay (even without holiday pay)

Cash wage at least the regional minimum for domestic workers (set by RTWPBs). Wages must be paid in cash; board/lodging do not count toward the minimum.
Daily rest: At least 8 hours of rest in every 24-hour period.
Weekly rest day: At least 24 consecutive hours every week (schedule by mutual agreement).
Service Incentive Leave (SIL): 5 days with pay after 1 year of service (unused days are convertible to cash within the year; the 5 days do not carry over).
13th-month pay: Mandatory, pro-rated for service within the year, due not later than Dec 24.
Social benefits: SSS, PhilHealth, Pag-IBIG coverage and contributions (cost-sharing per rules).
Written employment contract in a language known to the kasambahay (spell out duties, wage, schedule, leave, benefits, board/lodging, deductions, termination terms, and any holiday/rest-day arrangements).
Wage protections: No unlawful deductions; no wage payment in kind; provide pay slip and keep a logbook or simple time/attendance record.

4) Holidays vs. Rest Days: how to plan and pay

A) If a holiday falls on the kasambahay’s weekly rest day

You may keep the rest day as scheduled.
If you ask them to work on their rest day, compensate fairly as agreed in the contract (e.g., premium pay or day-off substitution within the same week). While a premium is not statutorily required, a clear premium or substitute rest clause helps avoid disputes.

B) If you choose to recognize holiday pay by policy (optional)

Many households adopt Labor Code reference rates as a voluntary standard:

Regular holiday (no work): 100% of the daily rate.
Regular holiday (worked): 200% of the daily rate; if it also falls on the rest day, 260%.
Special non-working day (worked): 130% of the daily rate; if also rest day, 150%. Again: these rates are not mandatory for kasambahay—but if written into the contract, they become enforceable.

C) Substitute rest day

If urgent household needs require work on the scheduled rest day (holiday or not), agree on a substitute 24-hour rest within the same week or pay an agreed premium (state the amount/percentage in the contract).

5) Payment computation examples (illustrative)

Assume a live-in kasambahay with a written contract that does not grant holiday premiums and who is paid monthly at or above the regional minimum.

Holiday not worked: No separate holiday pay; monthly wage remains the same.
Holiday worked: Paid as an ordinary workday (no premium), unless the contract grants one.
Rest day worked: Pay the agreed rest-day premium or give a substitute day off (contract governs).

If the contract adopts Labor Code rates voluntarily, apply those rates on the relevant days.

6) Contract clauses you can reuse (plain-English model)

Holiday recognition (optional):

“The Employer will (check one): ☐ not grant separate holiday pay; ☐ grant holiday pay following the Labor Code rates for regular and special days as an employer policy.”

Rest day substitution/premium:

“If the Employee works on the scheduled 24-hour weekly rest day, the parties agree to (check one or both): ☐ a substitute 24-hour rest within the same week; ☐ additional pay equal to __% of the daily wage for that day.”

Notice for rest-day work:

“Except for emergencies, Employer will give at least 48 hours’ notice if rest-day work is needed.”

Record-keeping:

“Employer will provide a payslip and keep a simple attendance log countersigned by the Employee.”

7) Special situations & edge cases

Domestic worker doing business tasks: If the household helper is regularly assigned to the employer’s business (e.g., clerking at a store), they may be treated as a regular employee of that business for that portion of work, triggering Labor Code benefits (including holiday pay) for those hours/days. Keep roles separate and documented.
Part-time kasambahay for multiple homes: Each household is responsible only for the hours/days worked for that household; benefits such as 13th-month and SIL are computed per employer.
Family driver: If serving the household, they are a kasambahay; if assigned to a business fleet, they fall under regular labor rules for that business.
Board and lodging: You may provide them, but they do not reduce the required cash wage.

8) Compliance checklist for employers

☐ Written employment contract (with clear holiday/rest-day policy)
☐ Wage at or above domestic-worker regional minimum; cash payment with payslips
☐ 8 hours daily rest and 24-hour weekly rest scheduled and respected
☐ 5-day paid SIL tracked; convert unused days within the year
☐ 13th-month pay computed and paid on time
☐ SSS/PhilHealth/Pag-IBIG registration and contributions updated
☐ Simple attendance/time log and a household policy on emergency work on rest days/holidays
☐ Respect dignity, privacy, and humane conditions (mandatory under the law)

9) FAQs

Q: We want to be generous. Can we pay holiday premiums like in companies? A: Yes. Put the rates in the contract (e.g., 200% for regular holidays worked, 130% for special days worked) so both sides are aligned.

Q: If no holiday pay is required, can I still require work on a public holiday? A: Yes, subject to the kasambahay’s daily/weekly rest rights and your contract. Good practice: arrange a substitute rest or a premium.

Q: Do kasambahay get overtime pay? A: The Labor Code hours-of-work rules don’t apply to household helpers; overtime premiums aren’t mandatory. Manage through rest-day protections and contractual premiums if you expect long days.

Q: Must I pay if a holiday falls during the 5-day SIL? A: SIL is a separate, paid benefit. If a holiday falls on a scheduled SIL day, the law has no special rule—follow your contract/household policy (many employers allow re-setting the SIL day).

Q: What if the kasambahay also cleans the employer’s shop? A: For those business hours, treat them as a regular employee of the business (holiday pay and other Labor Code benefits apply to those hours). Keep separate schedules/records.

10) Bottom line

By default, kasambahay do not have statutory holiday pay or holiday premium rates.
They do have strong protections: cash minimum wage, 8-hour daily rest, weekly 24-hour rest, 5-day paid SIL, 13th-month, and SSS/PhilHealth/Pag-IBIG.
If you want holiday premiums or paid holidays, say so in the contract—once granted, they’re enforceable benefits.
Keep roles clear: if the kasambahay is made to work for your business, regular labor rules (including holiday pay) can apply for that work.

If you want, I can draft a one-page kasambahay contract with optional holiday clauses and a simple pay/attendance sheet you can start using right away.