Workers’ Statutory Monetary Benefits

Holiday Pay Premium Pay/ Overtime Pay
(Article 94) Rest Day and Holiday
(Article 93)
Definition Refers to payment of the Refers to the additional
regular daily wage for any compensation for work
unworked regular holiday. performed within eight (8)
hours on non-work days,
such as rest days and special
days.
Night Shift Differential Service Charges
(Article 87) (Article 86) (RA 11360 amended Article 96)
Refers to the additional Refers to the additional
compensation for work compensation of not less All service charges collected by hotels,
performed beyond eight than 10% percent of an restaurants and similar establishments
(8) hours a day. employee’s regular wage for
each hour of work
performed between 10 pm
to 6 am.

Coverage All All Same covered by All All

premium pay
1. Government 1. Government employees 1. Government employees
employees 2. Kasambahay and Same excluded by 2. Retail/Service Managerial Employees-
Excluded 2. Retail/Service persons in the personal premium pay establishments refer to any person vested with
establishments service of another employing not more powers or prerogatives to lay down
employing less than 3. Managerial employees than five (5) workers and execute management policies or
ten (10) workers meeting conditions 3. Kasambahay and hire, transfer, suspend, lay-off, recall,
3. Kasambahay and 4. Officers or members of persons in the personal discharge, assign or discipline
persons in the personal a managerial staff, service of another employees or to effectively
service of another performing the ff duties 4. Managerial employees recommend such managerial actions.
4. Managerial employees and responsibilities: meeting conditions
meeting conditions 5. Workers paid by result 5. Officers or members of
5. Officers or members of (piece rate, takay, a managerial staff
a managerial staff pakyaw or task basis) 6. Field personnel,
6. Field personnel, 6. Field personnel, engaged in contract
engaged in contract engaged in contract basis, purely
basis, purely basis, purely commission basis
commission basis commission basis
 New Year’s Day Special Days
Maundy Thursday
Good Friday 1. Ninoy Aquino Day
Araw ng Kagitingan 2. All Saints Day
Labor Day 3. Feast of Immaculate
Independence Day Conception of Mary
National Heroes Day 4. Last Day of the Year
Eid’l Fitr
Eid’l adha - plus other national or local
Bonifacion Day special day declared by law,
Christmas Day order or proclamation
Rizal Day

Percent - additional 30% for work - additional 25% of the 10% of the hourly rate for Article 96 (Amended by the Service
-100% if unworked performed on rest days hourly rate for overtime work done between 10 pm Charge Law)
on ordinary working days to 6 am
-200% if worked All service charges collected by hotels,
- additional 30% for work restaurants and similar Establishments
-not less than his/her performed on Sundays and - additional 30% of the shall be distributed completely and
average daily earnings for
holidays (no regular hourly rate for overtime equally among the covered workers
the last seven (7) actualworkdays and no regular on a scheduled rest day except managerial employees.
work days preceding the rest days) OR special day
regular holiday and which
is not less than the - additional 30% for work - additional 30% of the
minimum wage rate (for performed on any special hourly rate for overtime
employees paid on a piece- holiday (special day) on a special day which
rate basis falls on a scheduled rest
day
- additional 50% for work
performed on a rest day - additional 30% for
which is also a special day overtime on a regular
holiday
 -260% for work performed
on a regular holiday which is - additional 30% of the
also the rest day (only for hourly rate for overtime
those covered by holiday on a regular holiday which
pay rule) falls on a scheduled rest
day
Conditions For a single regular
of holiday: Employee worked on Employee worked beyond Employee worked between
Entitlement his/her: eight (8) hours a day 10 pm to 6 am.
1. employees should have - scheduled rest day
worked on the day -on a Sunday and holidays
immediately (no regular workday and
preceeding a regular rest day)
holiday ; - on a special holiday
2. or was on leave of -on a special holiday falling
absence with pay. on a scheduled rest day

For successive regular

holidays:

1. to be paid for both

holidays, the employee
should have worked on
the day immediately
preceding a regular
holiday or was on
leave of absence with
pay.
2. To be entitled to the
holiday pay on the
second holiday, he
should have worked on
the first holiday.