Holiday Pay When a Regular or Special Holiday Falls on an Employee’s Rest Day in the Philippines
1. Statutory Framework
- Labor Code – Article 94 guarantees “holiday pay” equivalent to the employee’s regular daily wage even without work on a regular holiday; Article 91 defines the statutory rest-day entitlement.
- Omnibus Rules Implementing the Labor Code – Rule IV, §§ 4-5 spell out the pay multipliers when an employee works on a holiday, and the extra 30 % premium when the holiday work happens on the worker’s scheduled rest day. ([PDF] 1i-\ ~s)~~~~ --------· -x - LawPhil)
- Latest DOLE issuances – The most recent guidance is Labor Advisory No. 04-25 (25 March 2025), which reiterates exactly the same multipliers for Labor Day and other 2025 regular holidays. (DOLE issues pay rules for Labor Day - Inquirer.net, DoLE issues holiday pay rules - Daily Tribune)
Supreme Court jurisprudence (e.g., Torres v. Rural Bank of San Juan, G.R. No. 229396, 30 June 2021) consistently upholds the 30 % rest-day premium on top of the 200 % holiday rate. ([PDF] 1i-\ ~s)~~~~ --------· -x - LawPhil)
2. Key Concepts
Term | Meaning | Main Sources |
---|---|---|
Regular holiday | 12 nationwide dates fixed by law or proclamation (e.g., 1 May, 25 Dec). | Art. 94; Proclamations on annual holidays |
Special (non-working) day | Discretionary days such as Ninoy Aquino Day; “no-work-no-pay” default. | Exec. issuances; Art. 94 (by reference) |
Rest day | At least 24 consecutive hours after six normal work-days; usually Sunday but may be any day by agreement. | Art. 91; Rule III, Book III |
Covered employees | All except government personnel, managerial staff, field personnel paid on “output only” basis, and family members dependent on the employer. | Art. 82; 2023 DOLE Handbook (2023 Handbook on Workers Statutory Monetary Benefits by DOLE ...) |
3. Pay Rules When a Regular Holiday Coincides with a Rest Day
- No work performed
- Entitlement: 100 % of the daily wage (holiday pay), provided the employee was present or on paid leave on the work-day immediately preceding the holiday. (Holiday Pay on Employee Rest Days - Respicio & Co. Law Firm)
- Work performed (≤ 8 hours)
- Pay = 260 % of the daily wage
Formula: Daily Wage × 200 % + 30 % of that 200 % rate
DOLE’s 2025 advisory, HR circulars, and multiple practitioner guides confirm this multiplier. (Labor Day 2025: DOLE releases holiday pay guidelines, Holiday Wages in the Philippines: Rules and Guidelines for ...)
- Pay = 260 % of the daily wage
- Overtime (> 8 hours)
- Additional 30 % of the hourly rate on top of the 260 % for every hour in excess. ([PDF] 1i-\ ~s)~~~~ --------· -x - LawPhil)
Example
Daily wage: ₱700
Worked 10 hrs on a Labor-Day rest day
First 8 hrs: ₱700 × 2.6 = ₱1 820
OT hourly rate: (₱700/8) × 2.6 × 1.3 = ₱295.75
OT pay (2 hrs): ₱295.75 × 2 = ₱591.50
Total pay: ₱1 820 + ₱591.50 = ₱2 411.50
4. When a Special (Non-Working) Day Falls on a Rest Day
Situation | Pay Rule | Legal / DOLE basis |
---|---|---|
No work | No-work-no-pay (unless company policy/CBA provides otherwise) | 2023 DOLE Handbook, Art. 94 (b) |
Work ≤ 8 hrs | 150 % of daily wage | Labor Advisory 04-25; DOLE 2025 holiday pay rules ([DOLE issues pay rules for 2025 PH holidays |
Overtime | Add 30 % of hourly rate on top of 150 % | Same advisory; Omnibus Rules § 6 |
5. “Double Holidays” on a Rest Day
- Two overlapping regular holidays (e.g., Araw ng Kagitingan & Maundy Thursday on the same date)
- 300 % if no work; 390 % (300 % + 30 %) if worked on rest day.
- One regular + one special day
- Apply the higher regular-holiday formula (260 % if worked; 100 % if not) plus any special-day premium only if specifically provided by DOLE advisory.
6. Eligibility & Disqualification
- Must be present or on authorized paid leave on the work-day immediately before the holiday (the so-called “qualification rule”).
- Being on a rest-day the day before the holiday does not disqualify the employee.
- Habitual absences, unexcused leave, or “no-work-no-pay” employment status (e.g., purely piece-rate field personnel) make the worker ineligible. (2023 Handbook on Workers Statutory Monetary Benefits by DOLE ..., Computation of Premium Pay - Labor Law PH)
7. Interaction with Other Wage Elements
Component | Interaction |
---|---|
Cost-of-living allowance (COLA) | For daily-paid workers, COLA is included when computing the percentage multipliers unless a wage order specifically excludes it. |
Night-shift differential | Add 10 % of the basic hourly rate for hours worked between 10 p.m. and 6 a.m., on top of the holiday and rest-day premiums. |
Service charges (hospitality sector) | The 85-15 distribution is computed on top of holiday pay. |
8. Enforcement & Penalties
Failure to comply exposes employers to:
- Money claims (3-year prescriptive period) recoverable through DOLE Regional Offices or NLRC arbitration.
- Wage underpayment fines: ₱25 000–₱100 000 and/or imprisonment of 2–4 years under Art. 303.
- Potential serious misconduct findings in labor standards inspections.
9. Best-Practice Checklist for Employers
- Calendar rest-days and holidays early; re-confirm every year when Malacañang issues the annual holiday proclamation.
- Issue a payroll memorandum showing the exact multiplier (e.g., 2.6 ×) whenever a holiday overlaps with a rest day.
- Automate timekeeping so holiday hours, rest-day flags, and overtime are captured separately.
- Communicate to employees the attendance requirement on the day before a holiday to avoid disputes.
- Review CBAs – anything more favorable than the Labor Code prevails.
10. Frequently-Asked Questions
Question | Short Answer |
---|---|
Do monthly-paid employees still receive separate holiday pay? | Their fixed monthly salary already factors in pay for all regular holidays that fall on workdays; but 260 % (or 150 %) still applies when they work on a holiday that is also their rest day. |
What if an employee swaps rest days? | The 30 % premium attaches to the day actually designated as the rest day for that week, whether Sunday or any other day. |
Is “offsetting” allowed? | Yes, but only if mutually agreed and the employee still receives at least the monetary equivalent of the statutory premium. |
11. Take-aways
An employee’s right to holiday pay does not disappear just because the holiday falls on his or her weekly rest day.
- Working on that day attracts one of the highest pay multipliers in Philippine labor law (260 %); non-working employees are still paid their full daily wage if the holiday is regular.
- All the percentages are floor rates—CBAs, company practice or more generous employer policies may improve them but may never go lower.
Disclaimer: This article summarizes prevailing Philippine statutes, DOLE issuances effective 30 April 2025, and Supreme Court doctrine. It is informational only and not a substitute for formal legal advice.