Dear Attorney,

Good day! I hope this message finds you well. I work as a rank-and-file employee, and I usually have a designated rest day each week. However, I recently noticed that one of the regular holidays in the Philippines will fall exactly on my scheduled rest day. I am concerned about whether I am entitled to receive any regular holiday pay even though I do not work on that particular day. I would be very grateful for your legal insight and guidance on the matter.

Thank you for your time and assistance. I look forward to your response.

Respectfully yours,
A Diligent Worker

LEGAL ARTICLE: A COMPREHENSIVE DISCUSSION ON REST DAYS AND REGULAR HOLIDAYS IN THE PHILIPPINES

Introduction

In the Philippines, employees are often concerned about receiving correct compensation for holidays, rest days, overtime, and other related labor matters. One particularly common question is whether a worker who is on a rest day during a regular holiday is still entitled to holiday pay—even if that employee does not report for work. This comprehensive legal article will examine the pertinent provisions of Philippine labor laws, especially the Labor Code of the Philippines and subsequent Department of Labor and Employment (DOLE) issuances, to clarify the nuances in determining holiday pay rights in such scenarios.

The goal is to provide a thorough examination of the rules involving regular holidays, rest days, and pay entitlements. This discussion aims to help workers understand how to compute their wages, what legal grounds support their claims, and how to address potential disputes regarding holiday pay. Although this article is written to provide accurate and up-to-date information, it should not be construed as legal advice for a specific situation. For questions on particular disputes or circumstances, it is strongly recommended to consult directly with a qualified labor law practitioner.

I. General Overview of Holidays Under Philippine Law

Regular Holidays vs. Special Non-Working Days
The Philippine government classifies public holidays into two main categories: regular holidays and special (non-working) days. Understanding this classification is vital, as the computation of wages, entitlements, and pay rates differ depending on which type of holiday is in question.
- Regular Holidays typically include New Year’s Day, Maundy Thursday, Good Friday, Araw ng Kagitingan, Labor Day, Independence Day, National Heroes’ Day, Bonifacio Day, Christmas Day, Rizal Day, and certain other days declared by law.
- Special Non-Working Days include certain commemorative events such as All Saints’ Day, the Feast of the Immaculate Conception, and other days the government declares as non-working pursuant to an annual proclamation.
Legal Basis
The main statutory provisions governing holidays are found in Book III, Title I, Chapter III of the Labor Code of the Philippines, particularly Article 94 (Holiday Pay). Additional guidance also comes from various DOLE Department Orders, as well as Supreme Court rulings. Annual Proclamations from the Office of the President set the actual dates of holidays.
Importance of Identifying a Regular Holiday
From a legal and financial standpoint, determining whether a specific day is a regular holiday is critical because:
- The rate of pay for an unworked regular holiday is usually higher or is mandated differently from a special non-working day.
- Employees are generally entitled to 100% of their basic wage for that day even if they do not report for work, subject to the conditions set by law.

II. Rest Days Under Philippine Labor Law

Definition of Rest Days
Under the Labor Code, employees in the private sector generally have the right to at least one rest day for every six working days. This rest day is typically scheduled by the employer, taking into consideration both the preference of the employee and the requirements of the business or workplace.
Scheduling of Rest Days
While management prerogative gives employers the authority to arrange work schedules, they are still required to provide at least 24 consecutive hours of rest per week. This means that each employee should have one day off from work. The assigned rest day might not necessarily fall on a Sunday; it could be any other day of the week, depending on the nature of the employee’s work.
Pay on Rest Days
- If an employee does not work on a rest day, the employer does not have to pay wages for that rest day, unless there is a specific agreement or company policy stating otherwise (for instance, certain monthly-paid employees whose monthly salary already accounts for rest days).
- If an employee works on a rest day, the law provides a premium or additional compensation. Traditionally, the pay rate for work on a rest day is 130% of the employee’s regular daily wage for the first eight hours of work.

III. Holiday Pay for Regular Holidays

Who Is Entitled?
As a general principle, all employees who fall under the coverage of the Labor Code are entitled to holiday pay on a regular holiday. However, there are some exceptions, including employees who are:
- Classified as managerial staff or officers, or those whose functions are supervisory in nature (and meeting certain criteria under the law).
- Government employees, because they are covered by separate civil service rules.
- Field personnel and other employees explicitly exempted under the Labor Code.
For rank-and-file private sector employees who are not among the excluded categories, the default rule is that holiday pay is required for regular holidays.
Basic Rate for Unworked Regular Holiday
According to Article 94 of the Labor Code, if the employee does not work on a regular holiday, the employee should still be paid 100% of the daily wage. In simpler terms, if an employee chooses to rest during a regular holiday (and the employer does not require work on that day), that employee should still receive a day’s pay.
Basic Rate for Worked Regular Holiday
If the employee is required or permitted to work on a regular holiday, the rate for the first eight hours is typically 200% of the employee’s regular daily rate. This compensation is often calculated as the basic daily wage * 2. If the work extends beyond eight hours, overtime rules apply, and additional percentages are applied to the rate.
Holiday Pay Computation
In DOLE’s Handbook on Workers’ Statutory Monetary Benefits, the standard formulas are laid out as follows:
- For an unworked regular holiday:
  [ \text{Holiday Pay} = \text{Daily Rate} \times 100% ]
- For a worked regular holiday (first eight hours):
  [ \text{Holiday Pay} = \text{Daily Rate} \times 200% ]
- For overtime work on a regular holiday:
  [ \text{Hourly Rate on said day} \times 130% \times \text{number of overtime hours} ]
Note, however, that some collective bargaining agreements (CBAs), individual employment contracts, or company policies may provide more favorable terms to employees. These agreements must be honored if they provide more than the Labor Code’s minimum requirements.

IV. The Crucial Question: Regular Holiday Falling on a Rest Day

If the Employee Does NOT Work
In principle, for rank-and-file employees not falling under any exemption, if a regular holiday coincides with their rest day, they should still be entitled to regular holiday pay. The Labor Code does not expressly deprive an employee of holiday pay simply because the holiday happens to fall on a scheduled rest day. The general rule under Article 94 remains that an employee is paid “his regular daily wage during regular holidays,” and there is no stipulation excluding holidays that fall on rest days.
If the Employee Works on That Day
When the rest day and a regular holiday coincide, and the employee reports for work upon the request or requirement of the employer, then two “special conditions” come into play: (1) the rest day premium; and (2) the holiday premium. According to DOLE’s pay rules, work performed on a rest day which is also a regular holiday should be paid at (200% + 30%) of the employee’s regular wage for the first eight hours, or 230% (i.e., daily rate x 2.30). If overtime is rendered, the corresponding overtime rate for a rest day and holiday shall also apply.
Monthly-Paid vs. Daily-Paid Employees
It is important to differentiate between monthly-paid and daily-paid employees:
- Monthly-Paid Employees: Their salaries are already computed to factor in rest days, special days, and/or regular holidays in some instances, depending on the employer’s payroll policy. Nevertheless, under the Labor Code, monthly-paid employees are typically assured of receiving pay for all recognized regular holidays, regardless of whether these holidays fall on a workday or rest day.
- Daily-Paid Employees: They are paid strictly for the days they work, unless the law or a company policy provides otherwise. Under the Labor Code, daily-paid employees are entitled to 100% of their daily wage for unworked regular holidays, provided they are under coverage and not subject to exceptions. This means that if a daily-paid employee’s rest day happens to be a regular holiday, he or she is still entitled to the holiday pay.
Exceptions & Company Policies
Employers could maintain certain policies regarding holiday entitlements. However, these internal policies cannot violate the minimum standards set by the Labor Code and the DOLE’s rules. A policy stating that “an employee is not entitled to holiday pay if the holiday falls on his/her rest day” directly conflicts with Article 94 of the Labor Code and is deemed invalid.

V. Legal Foundations and Relevant Department of Labor and Employment (DOLE) Issuances

Article 94 of the Labor Code
This article is the cornerstone of holiday pay. It states that every worker shall be paid a regular daily wage for each regular holiday, except in retail and service establishments regularly employing less than 10 workers. It does not limit the entitlement only to days that would otherwise be working days; hence, rest days coinciding with regular holidays are covered.
DOLE’s Handbook on Workers’ Statutory Monetary Benefits
This handbook, published and periodically updated by the DOLE, reflects the implementing rules and regulations on holiday pay, rest day pay, overtime pay, night shift differentials, service incentive leaves, and more. It serves as an important reference for both employers and employees in computing statutory benefits.
Supreme Court Cases and Rulings
While not all Supreme Court rulings directly address the overlapping of rest days and holidays, the Court has consistently upheld employees’ rights to holiday pay as mandated by law. The Court emphasizes that statutory provisions on employee welfare are construed liberally in favor of labor, ensuring greater protection and security for employees.
Exclusions from Holiday Pay
Article 82 of the Labor Code enumerates who are covered and who are excluded from certain benefits, such as managers or field personnel. Where an employee is found to be exempt, the employer does not have the obligation to pay holiday pay for days not worked. However, exemptions are interpreted strictly. The employer bears the burden of proving that an employee falls within any recognized exemption.

VI. Common Questions and Clarifications

“No Work, No Pay” Policy
Some employers attempt to apply a blanket “no work, no pay” policy, stating that employees will not be paid for holidays unless they actually work on those days. This is incorrect for regular holidays. The Labor Code explicitly mandates holiday pay, even if no work is performed, unless the employee falls under a valid exclusion.
Condition Precedent for Holiday Pay
Some companies impose a condition that employees must be “on duty” or “present the workday before the holiday” to be eligible for holiday pay. The DOLE often rules that while requiring employee presence immediately before the holiday is a common practice, it should not deprive the employee of holiday pay if the absence is justifiable (e.g., authorized leave, medical emergency, etc.).
Handling Shifting Schedules
If an employer changes an employee’s rest day to ensure that the employee does not receive holiday pay, such action could be viewed as an unfair practice. While employers have managerial prerogative to modify schedules, it must be exercised in good faith and must not run counter to labor laws or be used to deprive employees of statutory benefits.
Holiday on Rest Day vs. Special Non-Working Day on Rest Day
Be mindful that the rules differ for special non-working days. Employees generally do not receive the same mandatory pay if they do not work on a special non-working day that happens to coincide with their rest day. However, for regular holidays, the entitlement to pay remains, regardless of whether it is a rest day or a regular working day.

VII. Illustrative Examples

Example: Regular Holiday Falls on a Rest Day, Employee Does Not Work
- Scenario: Employee “X” is a rank-and-file worker, paid a daily wage of PHP 600. A regular holiday (e.g., Christmas Day) falls on X’s designated rest day. X does not work on that holiday.
- Computation: X still gets PHP 600 for that day, despite not working, because the law mandates payment of 100% of the daily wage for an unworked regular holiday.
Example: Regular Holiday Falls on a Rest Day, Employee Works
- Scenario: Using the same daily wage of PHP 600 for Employee “Y.” A regular holiday (e.g., Labor Day) coincides with Y’s rest day, but the employer requires Y to come to work for eight hours.
- Computation: For the first eight hours, Y’s pay is computed at 230% of the daily rate (200% for the regular holiday plus 30% for working on a rest day). Thus:
  [ \text{Holiday Pay on Rest Day} = 600 \times 2.30 = PHP 1,380 ]
- If Y works overtime that day, additional percentages apply to the hourly rate.
Example: Monthly-Paid Employee
- Scenario: Employee “Z” is monthly-paid at PHP 18,000 per month. The monthly pay might already factor in certain rest days and holidays. However, under the Labor Code, Z remains entitled to holiday pay for all regular holidays if the total monthly pay does not yet include said holiday pay.
- Computation: The general rule is that monthly-paid employees should not have deductions for regular holidays, whether they fall on a rest day or a regular working day, as long as the monthly rate is understood to include or incorporate daily wages for holidays.

VIII. Potential Issues and Dispute Resolution

Employer’s Denial of Holiday Pay
If an employer refuses to pay holiday pay despite the fact that an employee is entitled to it (especially when a regular holiday falls on a rest day), the employee may lodge a complaint before the Department of Labor and Employment or the National Labor Relations Commission (NLRC) for underpayment or nonpayment of wages.
Proof of Entitlement
- Timekeeping Records: Employees should ensure that their attendance and payroll records accurately reflect their work schedule, rest days, and the days they actually reported for work, particularly during holidays.
- Employment Contracts & Company Policies: Review any policy or contract provisions on holiday pay. Sometimes, employers outline specific coverage, but any such policy cannot go below the standards set by labor laws.
Conciliation and Mediation
The DOLE encourages settlement through conciliation and mediation. In many cases, disputes over holiday pay are resolved amicably, with the employer agreeing to pay the legal obligations once made aware of the specific statutory requirements. If settlement fails, the dispute proceeds to the NLRC or appropriate labor courts.
Penalties for Non-Compliance
An employer found to be willfully violating holiday pay provisions may face orders to pay arrears and possible administrative fines. Repeated violation or bad faith in avoiding statutory obligations could lead to more severe sanctions.

IX. Practical Tips for Employers and Employees

For Employees
- Be aware of your rights under the Labor Code. Know which holidays are classified as regular holidays each year by checking official government proclamations.
- Keep personal records of your schedules, pay slips, and any communications with your employer about rest days and holidays.
- If you believe your holiday pay rights are being violated, seek clarification or politely raise the issue with your HR or payroll department. If unresolved, consider consulting with the DOLE or a labor lawyer.
For Employers
- Update your payroll systems regularly to comply with new proclamations or changes in labor regulations regarding holidays.
- Establish clear, written policies on holiday pay and rest days, ensuring they meet or exceed the statutory minimums.
- Train supervisors and payroll personnel on how to properly compute wages for employees whose rest days coincide with regular holidays.
- Maintain open communication with employees regarding scheduling changes, and avoid shifting rest days solely to circumvent holiday pay.

X. Conclusion

Philippine labor laws are designed to protect the welfare of employees by mandating statutory benefits, including holiday pay on regular holidays, even when such holidays fall on an employee’s rest day. The principle is anchored on the policy of equitable distribution of benefits and the recognition of the importance of rest in maintaining a productive workforce.

Under Article 94 of the Labor Code, an employee covered by the law is entitled to receive pay for an unworked regular holiday, regardless of whether it coincides with his or her rest day. This unworked regular holiday pay is equivalent to 100% of the employee’s daily wage. Should the employee report for work on that day, the wage rate increases significantly, reflecting both the regular holiday pay premium and the rest day pay premium.

While some employers institute policies or rely on managerial prerogative to schedule rest days, these practices cannot undermine statutory entitlements. A rest day that happens to coincide with a regular holiday does not diminish the employee’s right to holiday pay, which is a fundamental aspect of Philippine labor laws aimed at upholding decent working conditions and fair compensation.

Ultimately, workers are strongly encouraged to familiarize themselves with applicable labor statutes, keep track of their scheduled rest days, and confirm their compensation structures. Employers, on the other hand, must comply with the legal requirements surrounding holiday pay and ensure that their policies do not nullify employees’ rights. Should conflicts arise, avenues for conciliation, mediation, and adjudication are available, reflecting the statutory intent of ensuring that employee welfare is both protected and promoted in the Philippines.

Disclaimer: This article is for general information only and does not constitute legal advice. For specific concerns and detailed guidance, please consult a duly licensed Philippine labor law attorney.