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Holiday Pay Rights of Probationary Employees in the Philippines

Meta title: Holiday Pay Rights of Probationary Employees in the Philippines Meta description: Are probationary employees entitled to holiday pay in the Philippines? Learn the rules for regular holidays, special non-working days, double pay, absences, and what to do if your employer refuses to pay. Suggested URL slug: holiday-pay-probationary-employees-philippines Last updated: June 20, 2026

Are probationary employees entitled to holiday pay in the Philippines?

Yes. A probationary employee may be entitled to holiday pay in the Philippines. The law does not say that only regular employees can receive holiday pay.

What matters is whether the employee is a covered employee under Philippine labor laws and whether the day is a regular holiday or a special non-working day.

In simple terms: if you are a private-sector employee on probation, your employer generally cannot deny you holiday pay just because you are “probationary,” “new,” or “not yet regularized.”

The short answer

A probationary employee is generally entitled to the same statutory holiday pay rights as other covered employees.

This means:

Situation	General rule
Regular holiday, employee did not work	100% of daily wage, if attendance/paid leave condition is met
Regular holiday, employee worked	200% of daily wage for the first 8 hours
Regular holiday falls on rest day and employee worked	260% of daily wage for the first 8 hours
Special non-working day, employee did not work	No work, no pay, unless company policy, contract, or CBA says otherwise
Special non-working day, employee worked	130% of daily wage for the first 8 hours
Special non-working day falls on rest day and employee worked	150% of daily wage for the first 8 hours

These are minimum rules. If your company policy, employment contract, or collective bargaining agreement gives a better benefit, the better benefit should apply.

Why probationary status does not automatically remove holiday pay

Probationary employment is a period when the employer evaluates whether the employee qualifies for regular employment. It does not mean the employee is outside labor standards.

A probationary employee is still an employee. The employer still controls the work, pays wages, and benefits from the employee’s services. Because of that, the employee is generally protected by wage and benefit rules, including holiday pay rules, unless a specific exemption applies.

Common employer statements such as these are usually wrong:

“Probationary employees have no holiday pay.”
“You only get holiday pay after regularization.”
“You are still under evaluation, so benefits do not apply yet.”
“You have not completed six months, so you are not covered.”

The correct question is not, “Are you regular already?” The correct question is, “Are you a covered employee under the holiday pay rules?”

Regular holiday vs. special non-working day

Many payroll disputes happen because employees and employers confuse regular holidays with special non-working days.

A regular holiday is the type of holiday where covered employees are generally paid even if they do not work, subject to attendance rules. If they work, they are generally paid double for the first eight hours.

A special non-working day follows a different rule. If the employee does not work, the general rule is “no work, no pay,” unless the company has a more favorable policy, contract, or CBA. If the employee works, premium pay applies.

This distinction matters a lot. A probationary employee may be entitled to holiday pay on a regular holiday, but not necessarily paid on an unworked special non-working day.

How holiday pay is computed for probationary employees

The computation is the same as for other covered employees.

Assume a probationary employee earns ₱700 per day.

1. Regular holiday, not worked

If the employee is entitled to holiday pay:

₱700 × 100% = ₱700

The employee receives ₱700 even if no work was performed on that regular holiday.

2. Regular holiday, worked

For work during the first eight hours of a regular holiday:

₱700 × 200% = ₱1,400

The employee receives ₱1,400 for that day.

3. Regular holiday worked, and it is also the employee’s rest day

For the first eight hours:

₱700 × 200% × 130% = ₱1,820

This is commonly expressed as 260% of the daily wage.

4. Special non-working day, not worked

General rule:

No work, no pay

But the employee may still be paid if there is a favorable company policy, employment contract, CBA, or established company practice.

5. Special non-working day, worked

For the first eight hours:

₱700 × 130% = ₱910

6. Special non-working day worked, and it is also the employee’s rest day

For the first eight hours:

₱700 × 150% = ₱1,050

What if the probationary employee was absent before the regular holiday?

This is one of the most important rules.

For an unworked regular holiday, the employee generally must have worked or been on paid leave on the workday immediately before the regular holiday.

If the employee was on leave without pay or absent without pay on the workday immediately before the regular holiday, the employer may have a basis to deny holiday pay for the unworked holiday.

However, if the day immediately before the holiday was the employee’s rest day or a non-working day in the company, the employer should look at the last working day before that rest day or non-working day.

Example:

Maria is a probationary employee. Her rest day is Sunday. A regular holiday falls on Monday. She worked on Saturday, her last working day before the rest day. She did not work on Monday because it was a regular holiday.

In that situation, Maria may still be entitled to holiday pay because she worked on the workday immediately preceding her rest day.

What if the employee worked on the regular holiday even if absent the day before?

If the employee actually worked on the regular holiday, the employee should be paid for work done on that regular holiday. The attendance condition mainly affects payment for an unworked regular holiday.

So if a probationary employee was absent the day before but was required or allowed to work on the regular holiday, the employee should still be paid the proper holiday rate for the work performed.

What if the employee was hired just before a holiday?

If the employee was already employed before the regular holiday and met the attendance requirement, the employee may be entitled to holiday pay.

Example:

Carlo started work on April 8. April 9 is a regular holiday. He reported for work on April 8 and did not work on April 9 because the company was closed.

Carlo should not be denied holiday pay merely because he is new or probationary. If he is a covered employee and met the attendance condition, he may be entitled to holiday pay.

However, if his employment had not yet started on the holiday, there would be no employment relationship yet for that day.

What if the employer says the monthly salary already includes holiday pay?

Some monthly-paid employees are paid a fixed monthly salary that may already include pay for unworked regular holidays. That does not automatically mean the employer can ignore holiday pay rules.

The practical question is whether the employee has already been paid for the holiday through the monthly salary structure. If the probationary employee is monthly paid, payroll should still be able to explain how the salary is computed and whether work performed on a holiday was paid with the required premium.

Even if the monthly salary covers unworked regular holidays, additional pay may still be due if the employee actually worked on a regular holiday, worked overtime, or worked on a holiday that also fell on a rest day.

Are all probationary employees covered?

Not always. Some employees are excluded from the holiday pay rules because of the nature of their employment or the employer’s classification.

The usual exclusions include:

government employees covered by civil service rules;
certain employees of small retail and service establishments;
kasambahay and persons in the personal service of another;
managerial employees who meet the legal test;
certain officers or members of managerial staff;
field personnel and other employees whose time and performance are unsupervised by the employer.

For most ordinary rank-and-file probationary employees in private companies, however, holiday pay rights generally apply.

Can a company policy give probationary employees fewer holiday pay rights?

A company policy cannot validly take away a statutory minimum benefit from covered employees.

An employer may give more than the law requires, but it generally cannot give less than the law requires simply by writing a policy that says “probationary employees are not entitled to holiday pay.”

A policy like that should be questioned. The employer may set lawful evaluation standards for regularization, but it cannot use probationary status to avoid mandatory wage benefits.

What documents should an employee check?

If you are a probationary employee and you think your holiday pay was not properly paid, check these documents:

Your payslip for the pay period covering the holiday
Your employment contract
Your attendance record, biometric record, DTR, or timesheet
Your approved leave forms, if any
The company handbook or HR policy
The holiday advisory or work schedule issued by the company
Any message requiring or allowing you to work on the holiday

Do not rely only on verbal explanations. Ask payroll or HR to show the computation.

What should you do if your employer refuses to pay?

Start by asking HR or payroll for a written explanation of the computation. Sometimes the problem is a payroll coding error, especially when employees are new, probationary, newly transferred, or placed on changing schedules.

You can say:

“May I request the computation for my holiday pay for [date]? I was already employed on that date and my understanding is that probationary employees are still covered by holiday pay rules if the legal conditions are met.”

If the employer still refuses to pay, you may consider filing a request for assistance through DOLE’s Single Entry Approach or asking for legal advice from a labor lawyer.

Before filing, prepare your payslip, contract, attendance records, proof of work schedule, and any written HR explanation. These documents make it easier to verify whether the holiday pay was correctly computed.

FAQs on probationary employee holiday pay

Do probationary employees get double pay on regular holidays?

Yes, if they are covered employees and they work on a regular holiday. The usual minimum rate for the first eight hours is 200% of the daily wage.

Do probationary employees get paid if they do not work on a regular holiday?

Generally yes, if they are covered employees and they worked or were on paid leave on the workday immediately before the regular holiday.

Do probationary employees get paid on special non-working holidays?

If they do not work, the general rule is no work, no pay, unless a company policy, contract, CBA, or practice gives payment. If they work, they should receive the proper special day premium.

Can an employer say holiday pay starts only after regularization?

For covered employees, no. Holiday pay is a statutory labor standard. It is not a reward for regularization.

What if I am still in my first month of employment?

Being in your first month does not automatically remove your holiday pay rights. If you are already employed, covered by the rules, and meet the attendance condition, you may be entitled.

What if my employer calls the holiday an “ordinary working day”?

The legal classification of the day matters. If the government declares the date a regular holiday or special non-working day, the applicable holiday or premium pay rules should be considered. A company cannot simply rename a regular holiday to avoid paying the correct rate.

What if I am a trainee?

It depends on the real arrangement. If you are actually working as an employee under the employer’s control, the company cannot avoid labor standards by merely calling you a “trainee.” But genuine trainees, apprentices, interns, and learners may be governed by specific rules depending on the facts.

What if I was terminated before the holiday?

If your employment already ended before the holiday, you generally cannot claim holiday pay for that later date because you were no longer employed. But if unpaid holiday pay was earned before termination, it should be included in your final pay.

Key takeaway

Probationary employees in the Philippines are not second-class employees for holiday pay purposes.

If you are a covered probationary employee, you may be entitled to holiday pay on regular holidays and premium pay when you work on special non-working days. Your employer cannot deny the benefit simply because you are not yet regular.

The most important things to check are the type of holiday, your work schedule, your attendance before the holiday, whether you actually worked, and whether any legal exemption applies.

Source basis used for the draft: Article 94 holiday pay principles are reflected in Supreme Court discussions stating that covered employees receive regular daily wages on regular holidays even if no work is rendered, subject to the rule on presence or paid leave on the preceding workday. (Supreme Court E-Library) The Omnibus Rules also set the holiday-pay coverage exclusions, the 200% rate for regular holiday work, the 30% rest-day premium, overtime rules, and the absence rule. (Supreme Court E-Library) Probationary employment is generally limited to six months unless an exception applies, and an employee allowed to work beyond the probationary period is considered regular. (Supreme Court E-Library) For 2026 pay rules, DOLE’s current advisory as reproduced by Grant Thornton states the 100%, 200%, 130%, and 150% holiday/special-day formulas used in the draft. (Grant Thornton Philippines) DOLE/NCMB describes SEnA as an accessible, speedy, impartial, and inexpensive settlement process for labor and employment issues through mandatory conciliation-mediation. (ncmb.gov.ph)