Labor Code · Working Conditions and Rest Periods · Chapter III – Holidays, Service Incentive Leaves, and Service

Article 94

Right to Holiday Pay

Amended

By PD 570 (1974), EO 203 (1987), RA 9849 (2009)

(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 Year’s 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.

Editor’s notes from DOLE (2)

This was originally substituted as Article 258 of the Code pursuant to P.D. No. 570-A (1974), and was later amended by E.O. No. 203 (1987), Providing a List of Regular Holidays and Special Days to be Observed Throughout the Philippines and for Other Purposes. The latest amendment pertaining to holidays can be found in R.A. No. 9849 (2009), “An Act Declaring the Tenth Day of Zhul Hijja, the Twelfth Month of the Islamic Calendar, A National Holiday for the Observance of Eidul Adha, Further Amending for the Purpose Section 26, Chapter 7, Book I of Executive Order No. 292…” Arts. 169 and 170 of P.D. No. 1083, Code of Muslim Personal Laws of the Philippines, recognize the following as legal Muslim holidays officially observed in in the Provinces of Basilan, Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, Sultan Kudarat, Sulu, Tawi-Tawi, Zamboanga del Norte and Zamboanga del Sur, and in the Cities of Cotabato, Iligan, Marawi, Pagadian, and Zamboanga: Amun Jadid (New Year), which falls on the first day of the first lunar month of Muharram; Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the third lunar month of Rabi-ulAwwal; Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet Muhammad), which falls on the twenty-seventh day of the seventh lunar month of Rajab; Id-ul-Fitr (Hari Raya Puasa), which falls on the first day of the tenth lunar month of Shawwal, commemorating the end of the fasting season; and Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar month of Dhu 1-Hijja.

Section 2 of R.A. No. 9849 amended Sec. 26, Chapter 7, Book I of E.O. No. 292, The Administrative Code of 1987, As Amended, to read as follows: “SEC. 26. Regular Holidays and Nationwide Special Days. - (1) Unless otherwise modified by law, order, or proclamation, the following regular holidays and special days shall be observed in the country: (a) Regular Holidays New Year’s Day -January 1 Labor Day - Monday nearest May 1 Maundy Thursday - Movable Date Independence Day - Monday nearest June 12 Good Friday - Movable Date National Heroes Day - Last Monday of August Eidul Fitr - Movable Date Bonifacio Day - Monday nearest November 30 Eidul Adha - Movable Date Christmas Day - December 25 Araw ng Kagitingan (Bataan and Corregidor Day) - Monday Rizal Day - Monday nearest December 30 nearest April 9 (b) Nationwide Special Holidays Ninoy Aquino Day - Monday nearest August 21 Last Day of the Year - December 31 All Saints Day - November 1 (c) 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 specific date shall be declared as a nonworking day.”

Text and numbering follow the Department of Labor and Employment's 2022 edition of Presidential Decree No. 442, as amended and renumbered under DOLE Department Advisory No. 01, series of 2015. Former article numbers are shown in brackets. Notes are DOLE's editorial notes. Amendments after that edition are not included. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.