HOLIDAY PAY

Question 1

Coverage
-applies to all employees, except:

•government employees
•retail and service establishments employing less than 10 workers
•kasambahay
•managerial employees who follow all criteria:
-primary duty is to manage the establishment
-direct the work of two or more employees
-have the authority to hire or fire; suggestions towards the career status of
employees have particular weight

•officers or members of a managerial staff if they perform the following:

-perform work directly related to management policies of employer
-exercise discretion and independent judgment
-assist a proprietor or managerial employee in the management of
establishment, work along technical lines which reqires training, experience, or
knowledge, and execute special assignments/tasks
-do not devote more than 20% of hours worked in a workweek towards
aforementioned activities

•field personnel whose time and performance is unsupervised by the employer

Answer 1

Holiday Pay
-payment of the regular daily wage for any unworked regular holiday

Holiday Pay means you get paid your regular daily wage for any unworked regular holiday.

However, not all employees are covered by this benefit. The following are not entitled to holiday pay:

1. Government employees.
2. Small retail and service businesses with less than 10 workers.
3. Kasambahay (household workers).
4. Managerial employees who:
   
   • Primarily manage the business.
   • Supervise at least two employees.
   • Have the authority to hire or fire employees, or their suggestions on hiring/firing are important.
5. Officers or members of a managerial staff who:
   
   • Work on tasks related to management policies.
   • Have the power to make important decisions and judgments.
   • Help in managing the business and perform specialized tasks.
   • Don’t spend more than 20% of their workweek on non-management tasks.
6. Field personnel whose work is unsupervised by the employer.

In short: Most employees get holiday pay, but certain workers, like government employees, small business workers, managerial staff, and field workers, are excluded.

Question 2

•New Year’s Day - January 1

•Maundy Thursday - March 28

•Good Friday - March 29

•Araw ng Kagitingan - April 9

•Labor Day - May 1

•Independence Day - July 12

•National Heroes Day - Last Monday of August

•Bonifacio Day - November 30

•Christmas Day - December 25

•Rizal Day - December 30

•Eidul Adha

•Eidul Fitr

Answer 2

Regular Holidays
-Holidays mandated by law
-for the year 2024 (10 regular holidays):

Question 3

-entitled to 100% of minimum wage even if unworked

-worked performed = 200%

-holiday falling on rest day = 260% (30% from holiday, 30% from rest day)

-two regular holidays (unworked) = 200%

-two regular holidays (worked) = 300%

-two refular holidays falling on rest day (worked) = 390% (30% from each holiday, 30% from rest day)

-when regular holiday falls on a Sunday, the following Monday is not considered a
holiday, unless it is declared a special day

Answer 3

Holiday Pay Rates

Question 4

-employees on leave of absence with pay on workday before the regular holiday is
entitled to holiday pay

-employees on leave of absence without pay on workday before regular holiday may not be paid holiday pay unless they work on that day

-if non-work day or rest day precedes holiday
•employee is entitled to holiday pay provided that they worked on the day before the non-working day or rest day

Answer 4

Absences

• If an employee is on paid leave the day before a regular holiday, they will still get holiday pay.
• If an employee is on unpaid leave the day before a regular holiday, they will not get holiday pay unless they work on the holiday itself.
• If a non-work day or rest day comes right before the holiday:
  
  • The employee gets holiday pay as long as they worked on the last working day before the non-work day or rest day.

Question 5

-if absent the day before the first holiday ⇒ not entitled for two holiday pays

-if absent employee works during first holiday ⇒ entitled to holiday pay for second holiday

Answer 5

Successive Regular Holidays

• If an employee is absent the day before the first holiday, they won’t get holiday pay for both holidays.
• However, if the employee works on the first holiday, they will get holiday pay for the second holiday.

Question 6

regular holidays fallong within temporary cessation of work (eg., yearly inventory or
maintenance) will be compensated

Answer 6

Temporary or Periodic Shutdown of Work

If there’s a temporary work stoppage (like for yearly inventory or maintenance) and a regular holiday happens during that time, employees will still get paid for the holiday.

Question 7

-employee paid via piece-rate basis
•holiday pay is at least equal to average daily earning for the past 7 work days
before the holiday
•provided that the holiday pay is not less than the applicable statutory minimum
wage rate

-seasonal workers
•not paid holiday pay during off-season

-workers who do not have regular working days
•entitled to holiday pay

Answer 7

Holiday Pay of Certain Employees

1. Piece-rate workers (paid based on what they produce):
   
   • Their holiday pay should be at least their average daily earnings from the last 7 workdays before the holiday.
   • Holiday pay must not be less than the minimum wage.
2. Seasonal workers:
   
   • They don’t get holiday pay during the off-season when they’re not working.
3. Workers without regular work schedules:
   
   • They are still entitled to holiday pay.