Regular Holiday and Special Non-working Day

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One of the many things that confuse a lot of people is the difference between a regular holiday and a special non-working day. While both are non-working days, there are differences in how they are handled.

How Did the Holidays Come To Be?

The initial list of the regular holidays (and two special non-working days) came about with the implementation of the Administrative Code of the Philippines by then President Cory Aquino. It was in the same code that the term "regular holiday" was made to mean the 10 (later became 12 by virtue of the RA 9492 and RA 9849) "legal holidays", while "special (non-working) days" were to mean the additional two special holidays. This was also reiterated in Section 3 of the Omnibus Rules to Implement the Labor Code.

What is a Regular Holiday?

Currently, we have 12 regular holidays:
  1. New Year's Day - January 1
  2. Araw ng Kagitingan (Day of Valor) - April 9
  3. Maundy Thursday - Movable Date
  4. Good Friday - Movable Date
  5. Labor Day - May 1
  6. Independence Day - June 12
  7. Eid'l Fitr - Movable Date
  8. National Heroes' Day - Last Monday of August
  9. Bonifacio Day - November 30
  10. Eid'l Adha - Movable Date
  11. Christmas Day - December 25
  12. Rizal Day - December 30

Given that they are already enumerated in Section 26 Chapter 7 of the  Administrative Code, the regular holidays actually do not need any additional announcements except to fix it on a specific date. In the case of the two Muslim holidays (Eid'l Fitr and Eid'l Adha), sighting of the moon is important. It is the Office of the Muslim Affairs that fixes the dates for these two holidays. The Office of the President makes the proclamation based on the date provided by the Office of the Muslim Affairs. This is the reason why Presidential Decrees for these holidays typically are done just a few days prior to the holiday.

Adding days to the list of the current regular holiday requires a Republic Act. Special non-working days, on the other hand, generally require a Presidential Decree.

Employees generally get 100% of their salary as holiday pay for the unworked regular holiday provided they are present the day before the holiday (Section 6, Book III, Omnibus Rules Implementing the Labor Code). This rule applies mostly to daily paid employees as monthly paid employees are guaranteed their pay every single day of the year. This is based on Section 2 Rule IV Book III of the Omnibus Rules to Implementing the Labor Code.

If the holiday is worked, the employee get an additional premium pay (not overtime pay) of 100%. While most people refer to the work done as overtime work, care should be given in the labelling. Keep in mind that when one speaks of overtime, this should refer to work done beyond 8 hours. (Article 87, Book III, Labor Code of the Philippines).

But, what about Special Holidays?

Why is the distinction between regular holidays and special (non-working) days important? This is to ensure that you do not get confused on when to apply the holiday pay and the holiday premium pay. Currently, we have the following national special non-working days based on RA 9492:
  1. Ninoy Aquino Day - Monday nearest August 21
  2. All Saints' Day - November 1
  3. Last Day of the Year - December 31
Additional special non-working days per year are generally announced via Presidential Decrees a year before. In a year, the following may be declared as a special non-working day based on past Presidential Decrees:
  1. Chinese New Year
  2. EDSA Anniversary
  3. Black Saturday
  4. All Souls' Day
  5. Feast of the Immaculate Conception
  6. Christmas Eve
In the case of Special Non-working Days, unworked days are under the no-work, no-pay principle for daily paid employees. If worked, they get an additional 30% for the first 8 hours as premium pay. 

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