Article 93 of the Labor Code: Pay for rest day, Sunday or holiday work
Status: In force
What does Article 93 say?
(a) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day.
(b) When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays.
(c) Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage.
(d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate.
Read the Labor Code on the DOLE website (it uses the article numbers before 2015)
What does it mean in plain language?
Article 93 of the Labor Code sets the extra pay for work on a rest day and on a special holiday. Work on a scheduled rest day is paid at least 30% more than the regular wage. Work on a special holiday is also paid at least 30% more, and at least 50% more when the special holiday is also the employee's rest day. A contract or collective bargaining agreement that gives more must be followed.
The article keeps the same number after the 2015 renumbering of the Labor Code, as the DOLE renumbered edition shows.
How does it work in real life?
Andrea: work on her Wednesday rest day
Andrea works in a mall store from Thursday to Tuesday. Wednesday is her scheduled rest day. If she is asked to work on a Wednesday, she gets her regular wage plus at least 30% of it for that day. On Sundays she works normally, and Sunday work earns no premium because Sunday is not her rest day.
Ruel: a special holiday that is also his rest day
Ruel's rest day is Saturday. One year a special non-working day falls on a Saturday, and his employer asks him to work. Under Article 93(c), he gets an additional compensation of at least 50% of his regular wage for that day.
Nora: a better CBA
Nora's collective bargaining agreement gives a 50% premium for any rest day work. Under Article 93(d), the employer pays the 50% in the CBA, not the 30% minimum.
What does this mean in practice?
- The holiday pay calculator and the overtime pay calculator compute the amounts. The premium pay rates table shows the rates side by side.
- Managerial employees, field personnel and others outside Book Three, Title I (Article 82) are not covered.
- A higher premium paid consistently over a long period may become a company practice protected by Article 100.
- For special days, DOLE issues yearly pay rules: see the holiday pay rules guide.
- Unpaid premiums are money claims, filed within three years from the time they accrued. See labor money claims prescription and Free legal help in the Philippines.
What does Article 93 say?
It has four paragraphs. Paragraph (a) covers rest days and Sundays:
(a) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day.
Paragraph (b) covers workers with no fixed rest day:
(b) When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays.
Paragraph (c) covers special holidays:
(c) Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage.
Paragraph (d) keeps better terms:
(d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate.
What is the rest day itself?
Article 91, just before, gives the right to a weekly rest day: every employer must give each employee a rest period of at least 24 consecutive hours after every six consecutive normal work days. The employer schedules the rest day, subject to the collective bargaining agreement and DOLE rules, but must respect the employee's preference when it is based on religious grounds.
Article 92 lists when an employer may require work on a rest day: emergencies and disasters, urgent work on machinery to avoid serious loss, abnormal pressure of work that cannot be met by other measures, preventing loss of perishable goods, work that requires continuous operations, and similar cases set by the Secretary of Labor and Employment. See Can you be made to work on your rest day?
What is the difference with regular holidays?
Article 93 speaks of special holidays. Work on a regular holiday is governed by Article 94: at least twice the regular rate. The implementing rules (1989 text on the Supreme Court E-Library), Book III, Rule III, Section 7(d), say the same: pay for work on a regular holiday follows the rule on holidays with pay. Which days are regular holidays and which are special days each year is set by law and by yearly proclamations: see Regular holiday vs special non-working day and the 2026 holidays.
The 1975 version of paragraph (c), in Presidential Decree No. 850, spoke of "any legal holiday". The current text speaks of "any special holiday".
What about overtime on these days?
Work beyond eight hours on a rest day or holiday is overtime under Article 87: the rate for the first eight hours on that day plus at least 30% of it. Night work on these days also earns the night shift differential under Article 86.
Frequently asked questions
How much is rest day pay under the Labor Code?
Article 93(a) says an employee who is made or permitted to work on his scheduled rest day is paid an additional compensation of at least 30% of his regular wage.
Is work on a Sunday always paid extra?
No. Under Article 93(a), the extra pay for Sunday work is due only when Sunday is the employee's established rest day. If the rest day is another day, Sunday is an ordinary workday.
How much is the pay for working on a special holiday?
Article 93(c) says work on any special holiday is paid an additional compensation of at least 30% of the regular wage. If the special holiday is also the employee's scheduled rest day, the additional compensation is at least 50% of the regular wage.
Does Article 93 cover regular holidays?
No. Work on a regular holiday is paid under Article 94: at least twice the regular rate. The implementing rules add a premium when a regular holiday falls on the rest day.
Can my contract give a higher premium?
Yes. Article 93(d) says that when the collective bargaining agreement or other employment contract gives a higher premium than the article, the employer shall pay the higher rate.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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