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Chapter III HOLIDAYS, SERVICE INCENTIVE LEAVES, AND SERVICE CHARGES

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ART. 94. Right to Holiday Pay. (a) Every worker shall be paid his regular
daily wage during regular holidays, except in retail and service establishments
regularly employing less than ten (10) workers;

(b) The employer may require an employee to work on any holiday but such
employee shall be paid a compensation equivalent to twice his regular rate; and

Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the
fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December
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and the day designated by law for holding a general election.

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ART. 95. Right to Service Incentive Leave. (a) Every employee who has
rendered at least one year of service shall be entitled to a yearly service incentive
leave of five days with pay.

(b) This provision shall not apply to those who are already enjoying the benefit
herein provided, those enjoying vacation leave with pay of at least five days and
those employed in establishments regularly employing less than ten employees or in
establishments exempted from granting this benefit by the Secretary of Labor and
Employment after considering the viability or financial condition of such
establishment.

(c) The grant of benefit in excess of that provided herein shall not be made a
subject of arbitration or any court or administrative action.

ART. 96. Service Charges. All service charges collected by hotels, restaurants
and similar establishments shall be distributed at the rate of eighty-five percent
(85%) for all covered employees and fifteen percent (15%) for management. The

75 This was originally substituted as Art. 258 of the Code pursuant to P.D. No. 570-A (1974), and was later amended by E.O. No. 203 (1987), Providing a List of Regular Holidays and
Special Days to be Observed Throughout the Philippines and for Other Purposes. The latest amendment pertaining to holidays can be found in R.A. No. 9849 (2009),
Tenth Day of Zhul Hijja, the Twelfth Month of the Islamic Calendar, A National Holiday for the Observance of Eidul Adha, Further Amending for the Purpose Section 26, Chapter 7, Book I of

76 Section 2 of R.A. No. 9849 amended Sec. 26, Chapter 7, Book I of E.O. No. 292, The Administrative Code of 1987, As Amended, to read as follows:
Regular Holidays and Nationwide Special Days. - (1) Unless otherwise modified by law, order, or proclamation, the following regular holidays and special days shall
be observed in the country:
(a) Regular Holidays
-January 1; Maundy Thursday - Movable Date; Good Friday - Movable Date; Eidul Fitr - Movable Date; Eidul Adha - Movable Date; Araw ng Kagitingan
(Bataan and Corregidor Day) - Monday nearest April 9; Labor Day - Monday nearest May 1; Independence Day - Monday nearest June 12; National Heroes Day - Last
Monday of August; Bonifacio Day - Monday nearest November 30; Christmas Day - December 25; Rizal Day - Monday nearest December 30
(b) Nationwide Special Holidays
Ninoy Aquino Day - Monday nearest August 21; All Saints Day - November 1; Last Day of the Year - December 31
(c) In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the
Provided, That for movable holidays, the President shall issue a specific date sh

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See also R.A. No. 8972, Solo Parents' Welfare Act al
R.A. No. 9262, Anti-Violence Against Women and their Children Act of 2004
paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in

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