Annual Leave and Holidays

Paid Vacation / Annual Leave

Annual leave is regulated under the Labour Code. An employee must have completed at least one year of service to qualify for annual leave, which amounts to 5 days per year. It is referred to as service incentive leave and is fully paid. However, this entitlement does not apply to:

1. Employees who have an equivalent entitlement under another source;

2. Employees of establishments regularly employing less than 10 employees;

3. Government employees;

4. Managerial employees;

5. Field personnel;

6. Members of the family of the employer who are dependent on him for support;

7. Domestic helpers;

8. Persons in the personal service of another; and

9. establishments exempted from granting this benefit by the Secretary of Labour and Employment after considering the viability or financial condition of such establishment.

No date of payment is stipulated by the Labor Code, and neither any provisions regulating the scheduling or splitting of annual leave are found within the law. However, the annual leave can be converted to its money equivalent if not used or exhausted at the end of the year. As a general rule, an employer can regulate the schedule of the service incentive leave of its employees.

Source: §82 & 95 of the Labour Code, as amended

Pay on Public Holidays

The Provisions relating to the Public Holidays of the Philippines are contained within annual proclamations that state the dates for holidays and special non-working days, such as Proclamation No. 269 of 2017. The following days are regularly classified as public holidays yearly in the Philippines:

Regular Holidays:

New Year’s Day

Maundy Thursday

Good Friday

Araw ng Kagitingan

Labour Day

Independence Day

National Heroes Day

Bonifacio Day

Christmas Day

Rizal Day

Eidul Fitr (Feast at the end of Month of Ramadan)

Eidul Adha (Feast of the Sacrifice)

Special (Non-working) Days:

Chinese New Year

EDSA People Power Revolution Anniversary

Black Saturday

Ninoy Aquino Day

All Saints Day

Last Day of the Year

The general elections day is also considered regular holiday. Workers are entitled to their regular wages during regular holidays. The observance of Eidul Fitr and Eidul Adha is determined in accordance with the Islamic calendar (Hijra) or the lunar calendar, or upon Islamic astronomical calculations, whichever is possible or convenient. The dates are conveyed to the Office of the President by the National Commission on Muslim Filipinos.

Source: §94 of the Labour Code, as amended; Proclamation No 269 of 2017

Weekly Rest Days

Workers are entitled to at least 24 consecutive hours of rest after 6 consecutive days of work.

1. Employees who have an equivalent entitlement under another source;

2. Employees of establishments regularly employing less than 10 employees;

3. Government employees;

4. Managerial employees;

5. Field personnel;

6. Members of the family of the employer who are dependent on him for support;

7. Domestic helpers;

8. Persons in the personal service of another; and

9. establishments exempted from granting this benefit by the Secretary of Labour and Employment after considering the viability or financial condition of such establishment.

Employer may determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, employer must respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.

Labour Code requires the employer to give his employees at least 60-minute time-off for their regular meals. Daily rest period is not clearly defined within the Labour Code.

Source: §82 & 91 of the Labour Code, as amended