BASIS:

1. Article 87. Overtime work. Work may be performed beyond eight (8) hours a day
provided that the employee is paid for the overtime work, an additional compensation
equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work
performed beyond eight hours on a holiday or rest day shall be paid an additional
compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at
least thirty percent (30%) thereof. (Labor Code of the Philippines)

2. Article 93. Compensation for rest day, Sunday or holiday work. (a) Where an employee
is made or permitted to work on his scheduled rest day, he shall be paid an additional
compensation of at least 30 percent of his regular wage. An employee shall be entitled to
such additional compensation for work performed on Sunday only when it is his
established rest day.

(b) When the nature of the work of the employee is such that he has no regular workdays
and no regular rest days can be scheduled, he shall be paid an additional compensation of
at least 30 percent of his regular wage for work performed on Sundays and holidays.

(c) Work performed on any special holiday shall be paid an additional compensation of at
least 30 percent of the regular wage of the employee. Where such holiday work falls on
the employee's scheduled rest day, he shall be entitled to an additional compensation of at
least 50 percent of his regular wage.

(d) Where the collective bargaining agreement or other applicable employment contract
stipulates the payment of a higher premium pay than that prescribed under this Article,
the employer shall pay such higher rate. (Labor Code of the Philippines)

3. Article 86. Night shift differential. Every employee shall be paid a night shift differential
of not less than ten percent (10%) of his regular wage for each hour of work performed
between ten o’clock in the evening and six o’clock in the morning. (Labor Code of the
Philippines)

4. Article 94. Right to holiday pay.

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;

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
 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. (Labor Code of the Philippines)

5. SECTION 8. Overtime pay. — Any employee covered by this Rule who is permitted or
required to work beyond eight (8) hours on ordinary working days shall be paid an
additional compensation for the overtime work in the amount equivalent to his regular
wage plus at least twenty-five percent (25%) thereof. (Rule I, Book Three, Omnibus
Rules Implementing the Labor Code)

6. SECTION 9. Premium and overtime pay for holiday and rest day work. — (a)
Except employees referred to under Section 2 of this Rule, an employee who is permitted
or suffered to work on special holidays or on his designated rest days not falling on
regular holidays, shall be paid with an additional compensation as premium pay of not
less than thirty percent (30%) of his regular wage. For work performed in excess of eight
(8) hours on special holidays and rest days not falling on regular holidays, an employee
shall be paid an additional compensation for the overtime work equivalent to his rate for
the first eight hours on a special holiday or rest day plus at least thirty percent (30%)
thereof

(b) x x x x x

(c) x x x x x (Rule I, Book Three, Omnibus Rules Implementing the Labor Code)

7. 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. (Rule IV, Book Three, Omnibus Rules Implementing the
Labor Code)

8. SECTION 2. Night shift differential. — An employee shall be paid night shift

differential of no less than ten per cent (10%) of his regular wage for each hour of work
performed between ten o'clock in the evening and six o'clock in the morning. (Rule II,
Book Three, Omnibus Rules Implementing the Labor Code)

9. SECTION 3. Additional compensation. — Where an employee is permitted or suffered

to work on the period covered after his work schedule, he shall be entitled to his regular
wage plus at least twenty-five per cent (25%) and an additional amount of no less than
ten per cent (10%) of such overtime rate for each hour or work performed between 10
p.m. to 6 a.m. (Rule II, Book Three, Omnibus Rules Implementing the Labor Code)
10.SECTION 4. Additional compensation on scheduled rest day/special holiday. — An
employee who is required or permitted to work on the period covered during rest days
and/or special holidays not falling on regular holidays, shall be paid a compensation
equivalent to his regular wage plus at least thirty (30%) per cent and an additional
amount of not less than ten (10%) per cent of such premium pay rate for each hour of
work performed. (Rule II, Book Three, Omnibus Rules Implementing the Labor Code)

11.SECTION 5. Additional compensation on regular holidays. — For work on the period

covered during regular holidays, an employee shall be entitled to his regular wage during
these days plus an additional compensation of no less than ten (10%) per cent of such
premium rate for each hour of work performed. (Rule II, Book Three, Omnibus Rules
Implementing the Labor Code)

12.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. (Rule 4, Book Three, Omnibus Rules Implementing the
Labor Code)

13.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. (Rule
4, Book Three, Omnibus Rules Implementing the Labor Code)

14.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. (Rule 4, Book Three, Omnibus Rules Implementing the
Labor Code)
15.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 nonworking day or rest day. (Rule 4, Book
Three, Omnibus Rules Implementing the Labor Code)

16.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 offseason when
they are not at work.

(d) Workers who have no regular working days shall be entitled to the benefits provided
in this Rule. (Rule 4, Book Three, Omnibus Rules Implementing the Labor Code)

17.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.
(Rule 4, Book Three, Omnibus Rules Implementing the Labor Code)

18. 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. (Rule 4, Book Three, Omnibus Rules Implementing the
Labor Code)