Legal basis for non payment of salary for holiday, if absent before that Holiday and after.

Memorandum:  

To   All

Attention:    Accounting and Holy Gardens Pangasinan

An employee was absent yesterday and he doesn't get any holiday pay for today and subsequent holidays. (and immediately after)

This is based on prolonged practice and from Labor Code should there be any challenge to that effect.

Respicio on non payment of holiday pay if absent prior or after

Labor Code Art 94 (Art 94 renumbered under RA 10395

1. Legal foundation

Source	Key provision	Take-away
Labor Code (Art. 94, renumbered Art. 98 under R.A. 10395)	"Every worker shall be paid the regular daily wage for any regular holiday, whether or not he works, provided he is present or on leave with pay on the work-day immediately preceding the holiday."	Holiday pay is a statutory right, but it is conditioned on presence/paid leave the day before.