Premium Pay (Articles 91-93) A. Definition: 2. Special Work Days

PREMIUM PAY The “no work, no pay” principle applies during special days and on such other special
plies during special days and on such other special days as

(Articles 91-93) may be proclaimed by the President or by Congress.
A. Definition Workers who are not required or permitted to work on special days are not entitled to any
Premium pay refers to the additional compensation for work performed within eight (8) hours on compensation. This, however, is without prejudice to any voluntary practice or provision in the
non-work days, such as rest days and special days. Collective Bargaining Agreement (CBA) providing for payment of wages and other benefits for
days declared as special days even if unworked.
B. Coverage On the other hand, work performed on special days merits additional compensation of at least
This benefit applies to all employees except: thirty percent (30%) of the basic pay or a total of one hundred thirty percent (130%). Where
1. Government employees, whether employed by the National Government or any of its political the employee works on a special day falling on his rest day, he/she shall be entitled to an
subdivisions, including those employed in government -owned and/or controlled corporations with additional compensation of at least fifty percent (50%) of his/her basic wage or a total of one
original charters or created under special laws; hundred fifty percent (150%).
2. Managerial employees, if they meet all of the following conditions: 2. Special Work Days
2.1. Their primary duty is to manage the establishment in which they are employed or of a For work performed on a declared Special Work Day, an employee is entitled only to his/her
department or subdivision thereof; daily wage rate. No premium pay is required since work performed on said day is considered
2.2. They customarily and regularly direct the work of two or more employees therein; work on an ordinary workday.
2.3. They have the authority to hire or fire other employees of lower rank; or their suggestions and
recommendations as to hiring, firing, and promotion, or any other change of status of other D. Premium Pay Rates
employees are given particular weight. The COLA shall not be included in the computation of premium pay.
3. Officers or members of a managerial staff, if they perform the following duties and responsibilities: The minimum statutory premium pay rates are as follows:
3.1. Primarily perform work directly related to management policies of their employer;
3.2. Customarily and regularly exercise discretion and independent judgment;
3.3. (a) Regularly and directly assist a proprietor or managerial employee in the management of the
establishment or subdivision thereof in which he or she is employed; or (b)
execute, under general supervision, work along specialized or technical lines requiring special
training, experience, or knowledge; or (c) execute, under general supervision, special
assignments and tasks; and
3.4. Do not devote more than twenty percent (20%) of their hours worked in a workweek to activities
which are not directly and closely related to the performance of the work described in paragraphs
3.1, 3.2, and 3.3 above.
4. Kasambahay and persons in the personal service of another;
5. Workers who are paid by results, including those who are paid on piece rate, takay, pakyaw, or
task basis, and other nontime work, if their output rates are in accordance with the standards
prescribed in the regulations, or where such rates have been fixed by the Secretary of Labor and
Employment; and
6. Field personnel, if they regularly perform their duties away from the principal or branc office or
place of business of the employer and whose actual hours of work in the field cannot be determined
with reasonable certainty.
C. Special Days
1. Special Days
Unless otherwise modified by law, order, or proclamation, the following are the three (3)
special days in a year under Executive Order No. 292, as amended by Republic Act 9849 that
shall be observed in the Philippines:
 Ninoy Aquino - Day Monday nearest August 21
 All Saints Day - November 1
 Last Day of the Year - December 31
HOLIDAY PAY C. Regular Holidays
(Article 94) Every employee covered by the Holiday Pay Rule is entitled to the minimum wage rate (daily basic
wage and COLA) . This means that the employee is entitled to at least 100% of his/her minimum
A. Definition wage rate even if he/she did not report for work, provided he/she is present or is on leave of
Holiday pay refers to the payment of the regular daily wage for any unworked regular holiday. absence with pay on the work day immediately preceding the holiday.
B. Coverage Work performed on that day merits at least twice (200%) the wage rate of the employee.
This benefit applies to all employees except: Illustration:
1. Government employees, whether employed by the National Government or any of its political Using the NCR minimum wage rate (basic wage and COLA) of P481.00 + P10.00 per day for the non-
subdivisions, including those employed in government -owned and/or controlled corporations with agricultural sector, effective June 2, 2016 under Wage Order No. NCR-20.
original charters or created under special laws; For work within eight (8) hours: Plus 100% of the minimum wage rate of 100% or a total of 200%
2. Those of retail and service establishments regularly employing less than ten (10) workers;
4. Managerial employees, if they meet all of the following conditions:
4.1. Their primary duty is to manage the establishment in which they are employed or of a
department or subdivision thereof;
4.2. They customarily and regularly direct the work of two or more employees therein; and
Where the holiday falls on the scheduled rest day of the employee, work performed on said day
recommendations as to hiring, firing, and promotion, or any other change of status of other
merits at least an additional 30% of the employee’s regular holiday rate of 200% or a total of at least
employees are given part icular weight.
260% (Please see 3. Premium Pay).
5. Officers or members of a managerial staff, if they perform the following duties and
When a regular holiday falls on a Sunday, the following Monday shall not be a holiday, unless a
responsibilities:
proclamation is issued declaring it a special day. Unless otherwise modified by law, order, or
5.1. Primarily perform work directly related to management policies of their employer; proclamation, the following are the twelve (12) regular holidays in a year under Executive Order No.
292, as amended by Republic Act 9849:
5.2. Customarily and regularly exercise discreet ion and independent judgment;
New Year’s Day January 1 Maundy Thursday Movable Date
establishment or subdivision thereof in which he or she is employed; or (b)execute, under general Good Friday Movable DateAraw ng Kagit ingan Monday nearest Apri l 9
supervision, work along specialized or technical lines requiring special training, experience, or
Labor Day Monday nearest May 1 Independence Day Monday nearest June 12
knowledge; or (c) execute, under general supervision, special assignments and tasks; and
NationalHeroes’DayLasMondayofAugust Eidl Fit r Movable Date
5.4. Do not devote more than twenty percent (20%) of their hours worked in a workweek to
activities which are not directly and closely related to the performance of the work described in Eidl Adha Movable Date Bonifacio Day Monday nearest November 30
paragraphs 5.1, 5.2, and 5.3 above.
Chr istmas Day December 25 Rizal Day Monday nearest December 30
6. 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.
NIGHT SHIFT DIFFERENTIAL C. Computation of Night Shift Differential
(Article 86) The COLA shall not be included in the computation of night shift pay.
A. Definition The table below may be used to guide computations:
Night Shift Differential (NSD) refers to the additional compensation of ten percent (10%) of an
employee’s regular wage for each hour of work performed between 10 p.m. and 6 a.m.
B. Coverage
This benefit applies to all employees except:
1. Government employees, whether employed by the National Government or any of its political
subdivisions, including those employed in government -owned and/or controlled corporations with
original charters or created under special laws;
2. Those of retail and service establishments regularly employing not more than five (5) workers;
4. Managerial employees, if they meet all of the following conditions:
4.1. Their primary duty is to manage the establishment in which they are employed or of a
department or subdivision thereof;
4.2. They customarily and regularly direct the work of two or more employees therein; and
recommendations as to hiring, firing, and promotion, or any other change of status of other
employees are given particular weight.
5. Officers or members of a managerial staff, if they perform the following duties and
responsibilities:
5.1. Primarily perform work directly related to management policies of their employer;
5.2. Customarily and regularly exercise discretion and independent judgment;
establishment or subdivision thereof in which he or she is employed; or (b) execute, under general
supervision, work along specialized or technical lines requiring special training, experience, or
knowledge; or (c) execute, under general supervision, special assignments and tasks; and
5.4. Do not devote more than twenty percent (20%) of their hours worked in a workweek to
activities which are not directly and closely related to the performance of the work described in
paragraphs 5.1, 5.2, and 5.3 above;
6. Field personnel and those whose time and performance are unsupervised by the employer.

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PREMIUM PAY The “no work, no pay” principle applies during special days and on such other special

plies during special days and on such other special days as

This benefit applies to all employees except: Illustration:

3. Kasambahay and persons in the personal service of another;

4. Managerial employees, if they meet all of the following conditions:

A. Definition The table below may be used to guide computations:

This benefit applies to all employees except:

3. Kasambahay and persons in the personal service of another;

4. Managerial employees, if they meet all of the following conditions:

5.2. Customarily and regularly exercise discretion and independent judgment;

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