Here is a distinction between Regular Holidays, Special Non-Working Holidays, and Special Working Holidays:
| Feature | Regular Holiday | Special Non-Working Holiday (Special Day) | Special Working Holiday |
|---|---|---|---|
| Definition/Nature | Days designated as regular holidays by law, order, or proclamation. They are typically celebrated nationwide and are paid holidays. | Days declared as such by law, order, or proclamation, often by the President or Congress. Also referred to as “special days”. | A day that may have been previously known as a Special Holiday, but is designated as a working day. |
| Compensation if Unworked | The employee is entitled to 100% of their regular daily wage, provided they were present or on leave with pay on the day immediately preceding the holiday. If the preceding day is a non-workday or rest day, the employee is still entitled if they worked the day before that non-workday/rest day. | The “no work, no pay” principle generally applies. An exception applies if there is a favorable company policy, practice, or collective bargaining agreement (CBA). | The employee receives their regular wage with no additional premium. |
| Compensation if Worked (within 8 hours) | If they work, the employee is entitled to 200% of their regular daily wage (double pay). If it falls on the employee’s scheduled rest day, the compensation is 260% of their regular wage. If employee does not work, they are entitled to 100% of their regular wage. | The employee is entitled to 130% of their regular wage (regular wage plus at least 30% additional compensation). If it falls on the employee’s scheduled rest day, the compensation is 150% of their regular wage (regular wage plus at least 50% additional compensation). | The employee receives their regular wage. It is generally treated as an ordinary working day. |
| Overtime Compensation (beyond 8 hours) | An additional 30% of the hourly rate on that day (additional 30% of the 200% for the first 8 hours). If it falls on a rest day, the overtime is an additional 30% of the hourly rate (which is already 260% of the regular wage for the first 8 hours). | An additional 30% of the hourly rate on that day (which is already 130% of the regular wage). If it falls on a rest day, the overtime is an additional 30% of the hourly rate on that day (which is already 150% of the regular wage). | An additional 25% of the regular wage, similar to overtime on an ordinary working day. |
| Key Examples | New Year’s Day, Maundy Thursday, Good Friday, Araw ng Kagitingan, Labor Day, Independence Day, National Heroes’ Day, Eidul Fitr, Eidul Adha, Bonifacio Day, Christmas Day, Rizal Day. | Ninoy Aquino Day, All Saints’ Day, Last Day of the Year, Feast of the Immaculate Conception of Mary. Other examples include EDSA People Power Revolution Anniversary, Black Saturday, January 2, November 2, and October 30. | National Baptist Day Halamanan Festival (RA 12104) birth anniversary of President Manuel L. Quezon (RA 6741) President Osmeña Day |
Interpretation
Your query seeks a clear distinction among regular holidays, special non-working holidays, and special working holidays under Philippine law. This is a legal explanation and definition query.
Legal Basis and Analysis
1. Regular Holidays
Definition:
Regular holidays are days specifically designated by law as non-working days, during which employees are entitled to 100% of their regular daily wage even if they do not work. If they work, they are entitled to additional pay.
Legal Basis:
Under the Omnibus Rules Implementing the Labor Code, regular holidays include New Year’s Day, Maundy Thursday, Good Friday, Araw ng Kagitingan, Labor Day, Independence Day, National Heroes Day, Bonifacio Day, Christmas Day, and Rizal Day, among others. The list may be updated by subsequent laws or proclamations.
“Every employer shall pay his employees their regular daily wage for any worked regular holidays.”
— OMNIBUS RULES IMPLEMENTING THE LABOR CODE (1989)
Republic Act No. 9492 and the Administrative Code of 1987 also enumerate regular holidays and provide that if a regular holiday falls on a Sunday, the following Monday is observed as a holiday, unless otherwise modified by law or proclamation
(RA 9492 (2007); Administrative Code of 1987).
2. Special Non-Working Holidays
Definition:
Special non-working holidays are days declared by law or proclamation as non-working, but with different pay rules compared to regular holidays. Employees who do not work on these days are not paid unless there is a favorable company policy, practice, or collective bargaining agreement. If they work, they are entitled to an additional 30% of their daily wage.
Legal Basis:
Examples include Ninoy Aquino Day, All Saints Day, and the Last Day of the Year (RA 9492 (2007)).
“Nationwide Special Holidays: Ninoy Aquino Day – Monday nearest August 21, All Saints Day – November 1, Last Day of the Year – December 31.”
— RA 9492 (2007)
3. Special Working Holidays
Definition:
Special working holidays are days declared as such by law or proclamation, but they are considered ordinary working days. No additional compensation is required unless there is a favorable company policy or agreement.
Legal Basis:
For example, Republic Act No. 6953 declares September 9 as a special non-working holiday in Cebu, but as a special working holiday in the rest of the country.
“September 9 as a special non-working public holiday in the City of Cebu and the Province of Cebu with its component cities, and a special working public holiday in the rest of the country…”
— RA 6953 (1990)
Summary Table
| Type of Holiday | Work Suspended? | Pay if Not Worked | Pay if Worked | Example Days |
|---|---|---|---|---|
| Regular Holiday | Yes | 100% daily wage | 200% daily wage* | New Year’s Day, Christmas Day |
| Special Non-Working Holiday | Yes | No pay (unless policy/CBA) | 130% daily wage | All Saints Day, Dec 31 |
| Special Working Holiday | No | Regular pay | Regular pay | Sept 9 (outside Cebu) |
*200% daily wage if worked on a regular holiday; 100% if not worked.
Key Points
- Regular holidays: Paid even if not worked; higher premium if worked.
- Special non-working holidays: “No work, no pay” unless company policy/CBA says otherwise; premium if worked.
- Special working holidays: Treated as ordinary working days; no premium required.
For further details or the latest list of holidays, search “holiday pay rules” or “types of holidays” on app.anycase.ai.
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