WHO ARE ENTITLED TO HOLIDAY PAY?

Read also: IS A PART-TIME WORKER ENTITLED TO A HOLIDAY PAY?

• Holiday pay refers to the payment of the regular daily wage for any unworked regular holiday.

• Holiday pay shall apply to employees in all establishments and undertakings whether for profit or not, subject to exceptions.

• Government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results are not entitled to holiday pay

Holiday pay refers to the payment of the regular daily wage for any unworked regular holiday. The employee should not have been absent without pay on the working day proceeding the regular holiday.

There are the twelve (12) regular holidays in a year under Executive Order No. 292, as amended by Republic Act 9849. These are:

New Year’s Day	January 1
Maundy Thursday	Movable Date
Good Friday	Movable Date
Araw ng Kagitingan	Monday nearest April 9
Labor Day	Monday nearest May 1
Independence Day	Monday nearest June 12
National Heroes’ Day	Last Monday of August
Eidl Fitr	Movable Date
Eidl Adha	Movable Date
Bonifacio Day	Monday nearest November 30
Christmas Day	December 25
Rizal Day	Monday nearest December 30

However, not all employees are entitled to Holiday Pay.

Omnibus Rules Implementing the Labor Code provides that:

Holiday pay shall apply to employees in all establishments and undertakings whether for profit or not, except:

(a) Government employees whether employed by the National Government or any of its political subdivision, including those employed in government-owned and/or controlled corporations;

(b) Managerial employees, if they meet all of the following conditions:

1. Their primary duty consists of the management of the establishment in which they are employed or of a department or sub-division thereof.
2. They customarily and regularly direct the work of two or more employees therein.
3. They have the authority to hire or fire employees of lower rank; or their suggestions and recommendations as to hiring and firing and as to the promotion or any other change of status of other employees, are given particular weight.

(c) Officers or members of a managerial staff if they perform the following duties and responsibilities:

1. The primary duty consists of the performance of work directly related to management policies of their employer;
2. Customarily and regularly exercise discretion and independent judgment; and
3. (i) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision thereof; or (ii) execute under general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or (iii) execute, under general supervision, special assignments and tasks; and
4. Who do not devote more than 20 percent of their hours worked in a work week to activities which are not directly and closely related to the performance of the work described in paragraphs (1), (2) and (3) above.

(d) Domestic servants and persons in the personal service of another if they perform such services in the employer’s home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employer’s household.

(e) Workers who are paid by results, including those who are paid on piece-work, “takay,” “pakiao” or task basis, and other non-time work if their output rates are in accordance with the standards prescribed

(f) Non-agricultural field personnel if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.

Labor Code defined “Managerial employees” as those whose primary duty consists of the management of the establishment in which they are employed or of a department or subdivision thereof, and to other officers or members of the managerial staff. While “Field personnel” are non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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