Holiday pay rights

Dear Atty. Joji,

We have a stay-out house helper who has been with us for the past two months. She is paid on a weekly basis and has weekends off. Since she is required to work on weekdays, including holidays — she worked on National Heroes’ Day, which fell on a Monday. She is now asking for holiday pay because of this. Is her claim valid?

Cecile

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Dear Cecile,

Note that some are exempted from the holiday pay, such as government employees, kasambahay workers, certain managerial employees, certain members of a managerial staff, field personnel, commission-based workers, and those of retail/service establishments with less than 10 employees.

Omnibus Rules Implementing the Labor Code provides that:

Holiday pay shall apply to employees in all establishments and undertakings whether for profit or not, except:

(d) Domestic servants and persons in the personal service of another if they perform such services in the employer’s home which are usually necessary or desirable for the maintenance and enjoyment thereof, or minister to the personal comfort, convenience, or safety of the employer as well as the members of his employer’s household.

From the foregoing, as an employer of a household helper, you are not liable for the payment of holiday pay because persons in the personal service of another, such as house helpers, are exempted from the coverage of such benefits pursuant to Articles 82, [38] 94 [39] and 95 of the Labor Code, and Section 3 (d) [41] of the implementing rules of Presidential Decree No. 851. (Atienza v. Saluta, G.R. No. 233413, (17 June 2019).

Hope this helps.

Atty. Joji Alonso