PD 442 Labor Code of the Philippines

Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES

Art. 94. Right to holiday pay.

a. Every worker shall be paid his regular daily wage during regular holidays, except in retail
and service establishments regularly employing less than ten (10) workers;

b. The employer may require an employee to work on any holiday but such employee shall
be paid a compensation equivalent to twice his regular rate; and

c. As used in this Article, "holiday" includes: New Years Day, Maundy Thursday, Good
Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the
thirtieth of November, the twenty-fifth and thirtieth of December and the day designated
by law for holding a general election.*(amended na ito, look at the additional laws
below)

Art. 95. Right to service incentive leave.

a. Every employee who has rendered at least one year of service shall be entitled to a yearly
service incentive leave of five days with pay.

b. This provision shall not apply to those who are already enjoying the benefit herein
provided, those enjoying vacation leave with pay of at least five days and those employed
in establishments regularly employing less than ten employees or in establishments
exempted from granting this benefit by the Secretary of Labor and Employment after
considering the viability or financial condition of such establishment.

c. The grant of benefit in excess of that provided herein shall not be made a subject of
arbitration or any court or administrative action.

Omnibus Rules Implementing the Labor Code

RULE IV
Holidays with Pay

SECTION 1. Coverage. This rule shall apply to all employees except:

(a) Those of the government and any of the political subdivision, including government-owned
and controlled corporation;

(b) Those of retail and service establishments regularly employing less than ten (10) workers;
(c) Domestic helpers and persons in the personal service of another;

(d) Managerial employees as defined in Book Three of the Code;

(e) 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.

SECTION 2. Status of employees paid by the month. Employees who are uniformly paid by
the month, irrespective of the number of working days therein, with a salary of not less than the
statutory or established minimum wage shall be paid for all days in the month whether worked or
not.

For this purpose, the monthly minimum wage shall not be less than the statutory minimum wage
multiplied by 365 days divided by twelve.

SECTION 3. Holiday Pay. Every employer shall pay his employees their regular daily wage
for any worked regular holidays.

As used in the rule, the term 'regular holiday' shall exclusively refer to: New Year's Day, Maundy
Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the last Sunday of
August, the thirtieth of November, the twenty-fifth and thirtieth of December. Nationwide special
days shall include the first of November and the last day of December.

As used in this Rule legal or regular holiday and special holiday shall now be referred to as
'regular holiday' and 'special day', respectively.

SECTION 4. Compensation for holiday work. Any employee who is permitted or suffered to
work on any regular holiday, not exceeding eight (8) hours, shall be paid at least two hundred
percent (200%) of his regular daily wage. If the holiday work falls on the scheduled rest day of
the employee, he shall be entitled to an additional premium pay of at least 30% of his regular
holiday rate of 200% based on his regular wage rate.

SECTION 5. Overtime pay for holiday work. For work performed in excess of eight hours on
a regular holiday, an employee shall be paid an additional compensation for the overtime work
equivalent to his rate for the first eight hours on such holiday work plus at least 30% thereof.

Where the regular holiday work exceeding eight hours falls on the scheduled rest day of the
employee, he shall be paid an additional compensation for the overtime work equivalent to his
regular holiday-rest day for the first 8 hours plus 30% thereof. The regular holiday rest day rate
of an employee shall consist of 200% of his regular daily wage rate plus 30% thereof.

SECTION 6. Absences. (a) All covered employees shall be entitled to the benefit provided
herein when they are on leave of absence with pay. Employees who are on leave of absence
without pay on the day immediately preceding a regular holiday may not be paid the required
holiday pay if he has not worked on such regular holiday.

(b) Employees shall grant the same percentage of the holiday pay as the benefit granted by
competent authority in the form of employee's compensation or social security payment,
whichever is higher, if they are not reporting for work while on such benefits.

(c) Where the day immediately preceding the holiday is a non-working day in the establishment
or the scheduled rest day of the employee, he shall not be deemed to be on leave of absence on
that day, in which case he shall be entitled to the holiday pay if he worked on the day
immediately preceding the non-working day or rest day.

SECTION 7. Temporary or periodic shutdown and temporary cessation of work. (a) In cases
of temporary or periodic shutdown and temporary cessation of work of an establishment, as
when a yearly inventory or when the repair or cleaning of machineries and equipment is
undertaken, the regular holidays falling within the period shall be compensated in accordance
with this Rule.

(b) The regular holiday during the cessation of operation of an enterprise due to business reverses
as authorized by the Secretary of Labor and Employment may not be paid by the employer.

SECTION 8. Holiday pay of certain employees. (a) 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 Christmas vacation;

(b) 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.

(c) Seasonal workers may not be paid the required holiday pay during off-season when they are
not at work.

(d) Workers who have no regular working days shall be entitled to the benefits provided in this
Rule.

SECTION 9. Regular holiday falling on rest days or Sundays. (a) A regular holiday falling on
the employee's rest day shall be compensated accordingly.

(b) Where a regular holiday falls on a Sunday, the following day shall be considered a special
holiday for purposes of the Labor Code, unless said day is also a regular holiday.

SECTION 10. Successive regular holidays. Where there are two (2) successive regular
holidays, like Holy Thursday and Good Friday, an employee may not be paid for both holidays if
he absents himself from work on the day immediately preceding the first holiday, unless he
works on the first holiday, in which case he is entitled to his holiday pay on the second holiday.
SECTION 11. Relation to agreements. Nothing in this Rule shall justify an employer in
withdrawing or reducing any benefits, supplements or payments for unworked holidays as
provided in existing individual or collective agreement or employer practice or policy.

RULE V
Service Incentive Leave

SECTION 1. Coverage. This rule shall apply to all employees except:

(a) Those of the government and any of its political subdivisions, including government-owned
and controlled corporations;

(b) Domestic helpers and persons in the personal service of another;

(c) Managerial employees as defined in Book Three of this Code;

(d) Field personnel and other employees whose 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;

(e) Those who are already enjoying the benefit herein provided;

(f) Those enjoying vacation leave with pay of at least five days; and

(g) Those employed in establishments regularly employing less than ten employees.

SECTION 2. Right to service incentive leave. Every employee who has rendered at least one
year of service shall be entitled to a yearly service incentive leave of five days with pay.

SECTION 3. Definition of certain terms. The term "at least one-year service" shall mean
service for not less than 12 months, whether continuous or broken reckoned from the date the
employee started working, including authorized absences and paid regular holidays unless the
working days in the establishment as a matter of practice or policy, or that provided in the
employment contract is less than 12 months, in which case said period shall be considered as one
year.

SECTION 4. Accrual of benefit. Entitlement to the benefit provided in this Rule shall start
December 16, 1975, the date the amendatory provision of the Code took effect.

SECTION 5. Treatment of benefit. The service incentive leave shall be commutable to its
money equivalent if not used or exhausted at the end of the year.

SECTION 6. Relation to agreements. Nothing in the Rule shall justify an employer from
withdrawing or reducing any benefits, supplements or payments as provided in existing
individual or collective agreements or employer's practices or policies.
 Other Related Laws

SCHEDULE OF HOLIDAYS

(Malacanang issues a yearly exact date schedule of working holidays)

DOLE MEMORANDUM CIRCULAR NO. 01

Pursuant to the provisions of the Labor Code, as amended in relation to the observance of
declared holidays and in response to the queries received every time a Presidential Proclamation
or a law is enacted by Congress which declares certain days either as a regular holiday, a special
day or a special working holiday, the following guidelines shall be observed by all employers in
the private sector:

1. For regular holidays as provided for under EO 203 (incorporated in EO 292) as

amended by RA 9177:

New Year's Day - January 1

Maundy Thursday - Movable Date
Good Friday - Movable Date
Araw ng Kagitingan - April 9
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Sunday of August
Bonifacio Day - November 30
Eidul Fitr - Movable Date
Christmas Day - December 25
Rizal Day - December 30

the following rules shall apply:

a. If it is an employee's regular workday

If unworked - 100%

If worked

o 1st 8 hours - 200%

o excess of 8 hours - plus 30% of hourly rate on said day
 b. If it is an employee's rest day
If unworked - 100%

If worked
o 1st 8 hours - plus 30% of 200%
o excess of 8 hours - plus 30% of hourly rate on said day

2. For declared special days such as Special Non-Working Day, Special Public Holiday,
Special National Holiday, in addition to the two (2) nationwide special days (November
1, All Saints Day and December 31, Last Day of the Year) listed under EO 203, as
amended, the following rules shall apply:

a. If unworked

No pay, unless there is a favorable company policy, practice or collective

bargaining agreement (CBA) granting payment of wages on special days
even if unworked.

b. If worked

1st 8 hours - plus 30% of the daily rate of 100%

excess of 8 hours - plus 30% of hourly rate on said day

c. Falling on the employee's rest day and if worked

1st 8 hours - plus 50% of the daily rate of 100%

excess of 8 hours - plus 30% of hourly rate on said day

2. For those declared as special working holidays, the following rules shall apply:

For work performed, an employee is entitled only to his basic rate. No premium pay is
required since work performed on said days is considered work on ordinary working
days.

Please be guided accordingly.

(SGD.) PATRICIA A. STO. TOMAS
Secretary

08 March 2004

REPUBLIC ACT NO. 9492

AN ACT RATIONALIZING THE CELEBRATION OF NATIONAL HOLIDAYS AMENDING

FOR THE PURPOSE SECTION 26, CHAPTER 7, BOOK I OF EXECUTIVE ORDER NO.
292, AS AMENDED, OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Section 26, Chapter 7, Book I of Executive Order No. 292, as amended, otherwise
known as the Administrative Code of 1987, is hereby amended to read as follows:

Sec. 26, Regular Holidays and Nationwide Special Days. (1) Unless otherwise modified by
law, and or proclamation, the following regular holidays and special days shall be observed in
the country:

a. Regular Holidays

New years Day January 1

Maundy Thursday Movable date

Good Friday Movable date

Eidul Fitr Movable date

Araw ng Kagitingan Monday nearest April 9

(Bataaan and Corregidor Day)

Labor Day Monday nearest May 1

Independence Day Monday nearest June 12

National Heroes Day Last Monday of August

Bonifacio Day Monday nearest November 30

Christmas Day December 25

Rizal Day Monday nearest December 30

b) Nationwide Special Holidays:

Ninoy Aquino Day Monday nearest August 21

All Saints Day November 1

Last Day of the Year December 31

3. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of
the week. If the holiday falls on a Sunday, the holiday will be observed on the Monday that
follows:

Provided, That for movable holidays, the President shall issue a proclamation, at least six months
prior to the holiday concerned, the specific date that shall be declared as a nonworking day:

Provided, however, The Eidul Adha shall be celebrated as a regional holiday in the Autonomous
Region in Muslim Mindanao.

SEC. 2. All laws, orders, presidential issuances, rules and regulations or part thereof inconsistent
with this Act are hereby repealed or modified accordingly.

SEC. 3. This Act shall take effect after fifteen (15) days following its publication in at least two
newspapers of general circulation.

Approved: July 25, 2007

PARENTAL LEAVE UNDER RA 8972 or the SOLO PARENTS WELFARE ACT

(However, employees availing of this should be qualified as solo parents. Just search this law
kasi mahaba di ko na sinama)

Section 18. Parental Leave In addition to leave privileges under existing laws, parental leave of
not more than seven (7) working days every year shall be granted to any solo parent employee
who has rendered service of at least one (1) year. The seven-day parental leave shall be non-
cumulative.

Section 19. Conditions for Entitlement of Parental Leave A solo parent shall be entitled to
parental leave provided that:
 (a) He/She has rendered at least one (1) year of service whether continuous or broken at
the time of the affectivity of the Act;
(b) He/She has notified his/her employer of the availment thereof within a reasonable
time period; and
(c) He/She has presented a Solo Parent Identification Card to his/her employer.

Section 20. Non-conversion of Parental Leave In the event that the parental leave is not availed
of, said leave shall not be convertible to cash unless specifically agreed upon previously.
However, if said leave were denied an employee as a result of non-compliance with the
provisions of these Rules by an employer, the aforementioned leave may be used a basis for the
computation of damages.

Section 21. Crediting of Existing Leave If there is an existing or similar benefit under a
company policy, or a collective bargaining agreement or collective negotiation agreement the
same shall be credited as such. If the same is greater than the seven (7) days provided for in the
Act, the greater benefit shall prevail.
Emergency or contingency leave provided under a company policy or a collective bargaining
agreement shall not be credited as compliance with the parental leave provided for under the Act
and these Rules.

BATTERED WOMAN LEAVE UNDER RA 9262 or the Anti Violence Against Women and
their Children Act of 2004

(at dahil puro babae ang type mo na employees take not of this too)

Sec. 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil
Service Rules and Regulations, extendible when the necessity arises as specified in the protection
order.

Any employer who shall prejudice the right of the person under this Sec. shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations.
Likewise, an employer who shall prejudice any person for assisting a co-employee who is a
victim under this Act shall likewise be liable for discrimination.