Holiday – it pays to know the difference!

QUEZON City, Philippines (January 8) – A holiday is a day of festivity or recreation when no work is done. A time when almost everybody does not go to work or school but is free to do what they want. Such as travel to different parts of the Philippines or out of the country. Holiday is usually the time when we rest and relax.

A holiday is usually created by custom or by law on which normal activities, especially business or work, are suspended or reduced. Generally, holidays are intended to allow individuals to celebrate or commemorate an event or tradition of cultural or religious significance. Holidays may be designated by governments, religious institutions, or other groups or organizations. The degree to which normal activities are reduced by a holiday may depend on local laws, customs, the type of job being held or even personal choices.

So, what is the difference between a special non-working holiday and a regular holiday?

Special non-working holidays are holidays declared or announced by the government. Dates may change and vary. In the past, there was a mandate that some national holidays should be moved to the nearest Monday.

Source: chasingphilippines.com

Regular holidays are fixed holidays such as Independence Day and New Year. The dates do not vary. These are holidays with or without announcements from government.

Both types of holiday mean no work but with pay if they fall on working days. However if you work during these days, it means double pay for those in non-supervisory level positions.

This rule shall apply to all employees except:

  • Those of the government and any of the political subdivision, including government-owned and controlled corporation;
  • Those of retail and service establishments regularly employing less than ten (10) workers;
  • Domestic helpers and persons in the personal service of another;
  • Managerial employees as defined in Book Three of the Omnibus Rules to Implement the Labor Code of the Philippines;
  • Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.

Source: Book 3, Rule IV, Section 1, Omnibus Rules to Implement the Labor Code of the PhilippinesLabor_Employment_Law_2013_IMEC

Certain employees have different schemes of payment whenever they work on holidays:

  • Private school teachers, including faculty members of colleges and universities, may not be paid for the regular holidays during semestral vacations. They shall, however, be paid for the regular holidays during the December holiday vacation;
  • Where a covered employee is paid by results or output, such as payment on piece work, his holiday pay shall not be less than his average daily earnings for the last seven (7) actual working days preceding the regular holiday; Provided, however, that in no case shall the holiday pay be less than the applicable statutory minimum wage rate;
  • Seasonal workers may not be paid the required holiday pay during off-season when they are not at work;
  • Workers who have no regular working days shall be entitled to the benefits provided in this Rule.

Source: Book 3, Rule IV, Section 8, Omnibus Rules to Implement the Labor Code of the Philippines  HYPERLINK “http://www.gov.ph/whats-the-difference-between-a-regular-holiday-and-a-special-non-working-day/” http://www.gov.ph/whats-the-difference-between-a-regular-holiday-and-a-special-non-working-day/

(written by Ma. Christine Langurayan, edited by Jay Paul Carlos, additional research by Lovely Ann Cruz)