The Laws on Christmas (updated December 2024)
Yes, you read the title right. There is a law on Christmas in the Philippines, and this article is devoted to that.
If you are not aware, we try to update this article every year, as our yearly Christmas tribute. During the pandemic years, from 2020 to 2021, things were obviously different. Back then, we all experienced a different kind of Christmas.
Things changed when 2022 and 2023 arrived. Indeed, our outlook – about the world, work, shopping and doing groceries; about the internet and social media, and pretty much about everything else – has evolved. There are so many things right now that we would not have imagined pre-2020.
But this year 2024, and entering 2025, while it seems that everything around us has changed, hopefully for the better, the way we feel about Christmas, and how we celebrate it, remains the same (and this is a good thing!).
This year (and as with every year), we hope that Christmas will be better. As we now progress towards a new, brave, and AI-colored world (not the Terminator type!), we know that things will be even better in 2025. This is our prayer for you this year.
Thus, we updated this article for Christmas 2024, with all the Season’s Greetings and warm cuddly New Year’s wishes for you for the coming 2025.
We hope you will enjoy, and find this article relevant.
Old Laws on Christmas in the Philippines
But just so you are aware, during the Japanese occupation of the Philippines, there is an Executive Order issued by the President, under the authority conferred by “the Commander-in-Chief of the Imperial Japanese Forces in the Philippines…” to observe Christmas Day, which is the 25th day of December, as a national holiday.
There is also an old and repealed law, Republic Act No. 946 dated 20 June 1953, which outlawed working on Christmas day and New Year’s Day. Back then, it was illegal and criminal (subject to certain exceptions) to work during our most favorite of all holidays, and employers who violate this law are slapped with either a fine or imprisonment, or both.
The Philippine Labor Code and Christmas
Republic Act No. 946 was eventually repealed by the Presidential Decree No. 442 in 1974, as amended, which we now know as the Labor Code of the Philippines. Christmas Day (and other holidays) were lumped together into the term “holiday”, and employees became entitled to compensation, which we now know as “holiday pay”. However, the Labor Code did not actually use the term “Christmas Day”. Instead, the Labor Code defined the term “holiday” to include “the twenty-fifth and thirtieth of December”.
The 13th Month Pay Law, the Administrative Code of the Philippines and other Laws on Christmas
The 13th Month Pay Law
Less than a year after the Labor Code’s enactment, and just a few days shy away from Christmas day, Presidential Decree 851, also known as the 13th Month Pay Law, was implemented. This law is probably the most well-known piece of Christmas legislation. More importantly, the law specifically mentioned Christmas as its raison d’etre, stating that “the Christmas season is an opportune time for society to show its concern for the plight of the working masses so they may properly celebrate Christmas and New Year.” As everyone knows, it is mandatory for covered employers to provide eligible employees a 13th month pay.
Executive Order No. 292, also known as the Administrative Code of the Philippines
After the Labor Code was enacted, there was Executive Order No. 292, also known as the Administrative Code of the Philippines, issued on 25 July 1988. It became clear under the Administrative Code, from a strict legal viewpoint, that what we are celebrating on 25 December of each year is Christmas Day, and that it is a regular holiday.
Republic Act No. 6686
A few months after came Republic Act No. 6686, and again a few days shy of Christmas day in 1988. This law authorized the grant of an annual Christmas bonus to the national and local government officials, starting 1988.
Republic Act No. 6713
A few years after, the government enacted Republic Act No. 6713. This law prohibited the giving and receiving of presents or gifts to government employees and public officials, with the exception of Christmas and other national festivities, and provided the gift given is modest.
Republic Act No. 9492
Thereafter, Congress enacted Republic Act No. 9492, which “rationalized the celebration of National Holidays” and also amended provisions of the Administrative Code. Obviously, the law retained Christmas Day, December 25, as a regular holiday.
No Law for Christmas Eve
We have yet to see an actual law enacted by the Philippine Congress to declare December 24 as a special non-working day. However, it became a trend for many years now, that December 24, also known as Christmas Eve, is declared and celebrated as a special non-working day. This is usually done by Executive Order or Proclamation issued by the President. This year, there is no declaration and hence, Christmas Eve, a Sunday, is not a holiday. For those with Sunday work, this remains a regular working day. Of course, let’s tune in for news as this might change!
Updates on the Law on Christmas
Year after year, portions of Executive Order No. 292, relating to holidays, are amended to reflect additional holidays, but always retaining December 25, Christmas Day, as a red-letter day.
Update: The most relevant to date are the following:
Proclamation No. 368 signed on October 11, 2023, declaring December 24, a Tuesday, as a Special Non-Working, and Wednesday, December 25, 2024, as a regular holiday. So too is December 30, 2024, a Monday, and December 31, a Tuesday, declared as a Regular Holiday and a Special Working day, respectively. This means that Christmas Eve is now a Special Non-Working Day, and the Last Day of the Year, which is traditionally a Special Non-Working Day, has been retained. This “sandwiches” December 23 between the preceding pre-holiday weekends of December 21 and 22. For sure, as of the date of this writing, many have already applied for their respective leaves for this lone pre-Christmas working day, to make this Season’s merriment a five (5) day long fiesta!
A word of caution: just remember that if you are absent from work on the day previous to the holiday, your entitlement to holiday and premium pay for the following holiday may be affected. Thus, if you will not be reporting for work on December 23, be sure to have that leave form approved beforehand.
Our good ol’ Department of Labor and Employment has been working on its heels ever since the pandemic. Mindful of ensuring that everyone gets the Christmas and holiday cheer, and wary of the Grinchy companies and employers who refuse to indulge in the spirit of giving this season, Labor Advisory No. 27 entitled “Payment of Wages for Regular Holidays and Special (Non-Working) Days for the Year 2024, with the following rules:
For Regular Holidays (like December 25, December 30, and January 1)
1. If an employee does not work on a regular holiday, the employer shall pay 100% of the employee’s wage for that day, provided that the employee reports to work or is on leave of absence with pay on the day immediately preceding the regular holiday. If the day immediately preceding the regular holiday is a non-working day or the scheduled rest day of the employee, the employee is entitled to holiday pay if they worked or were on leave of absence with pay on the day immediately preceding that non-working day or rest day (Basic wage x 100%).
2. For work done during the regular holiday, the employer shall pay a total of 200% of the employee’s wage for that day for the first eight hours (Basic wage x 200%).
3. For work done in excess of eight hours, the employer shall pay the employee an additional 30% of the hourly rate on that day (Hourly rate of the basic wage x 200% x 130% x number of hours worked).
4. If the work is performed on a regular holiday that also falls on the employee’s rest day, the employer shall pay an additional 30% of the basic wage of 200% (Basic wage x 200% x 130%).
5. For work done in excess of eight hours during a regular holiday that also falls on the employee’s rest day, the employer shall pay an additional 30% of the hourly rate on that day (Hourly rate of the basic wage x 200% x 130% x 130% x number of hours worked).
For Special Non-Working Days (like December 24, and December 31)
1. If an employee does not work on a special (non-working) day, the “no work, no pay” principle applies, unless there is a company policy, practice, or collective bargaining agreement (CBA) that provides for payment on that day.
2. For work done during the first eight hours of a special (non-working) day, the employer shall pay the employee an additional 30% of the basic wage (Basic wage x 130%)
3. For work done in excess of eight hours, the employer shall pay an additional 30% of the hourly rate on that day (Hourly rate of the basic wage x 130% x 130% x number of hours worked).
4. If the work is performed on a special day that also falls on the employee’s rest day, the employer shall pay an additional 50% of the basic wage for the first eight hours (Basic wage x 150%).
5. For work done in excess of eight hours during a special day that also falls on the employee’s rest day, the employer shall pay an additional 30% of the hourly rate on that day (Hourly rate of the basic wage x 150% x 130% x number of hours worked).
Celebrating Christmas 2024 with AI-lights (and vision too!)
Ho, ho, ho! This year, have you been naughty or nice? Well, we know you’ve been nice—Santa told us himself! And guess what? Those days of being cooped up indoors are now a distant memory for most of us. The lockdowns and restrictions that once put a damper on our Christmas cheer in the Philippines are now just stories to tell around the holiday table.
Everyone is out and about, diving into the festive frenzy of holiday shopping. Malls and shopping centers are buzzing with activity, and amusement parks and theme parks are decked out with holiday spirit. No more restrictions on entering these joyful places—just pure, unadulterated merriment!
We’re all thrilled to be back to attending Christmas parties and family gatherings without a hitch. The ghosts of pandemic past have finally left the building, leaving us free to celebrate like it’s 2024 (because it is!).
Now, let’s talk ham —or rather, holiday pay. The same regulations apply this year as always. As mentioned, there’s the Labor Advisory No. 27 to put an end to all that Grinchin’. Apart from this, there haven’t been any updates regarding holiday pay for December 2024 just yet, but don’t worry. Even if new regulations pop up like unexpected gifts under the tree, we expect no major changes. Employers are still reminded to deliver that sweet 13th month pay before the year wraps up. It’s a tradition as reliable as Santa’s sleigh!
So go ahead, indulge in the festivities, spread some joy (and maybe a little eggnog), because this Christmas season is shaping up to be one for the books!
Violating the Laws on Christmas is a Crime
Are there penalties for playing the Grinch and violating these Christmas laws? You bet there are!
Firstly, if you don’t pay the required holiday premiums or the mandated 13th month pay, you risk landing on the Department of Labor and Employment’s naughty list. And trust me, that’s one list you don’t want to be on! The Labor Code doesn’t take kindly to such violations, and you could end up with a fine, imprisonment, or both, depending on the Court’s mood.
Secondly, if you’ve been extra naughty, the Revised Penal Code has a special provision just for you. It punishes those who hurt religious feelings with imprisonment. So, if you’re planning on performing acts that are notoriously offensive to the faithful, you might want to reconsider.
These penalties are so severe that even Santa Claus wouldn’t wish them on his worst enemy. So, let’s keep the Christmas spirit alive and respect these laws. After all, nobody wants to spend Christmas in a courtroom or behind bars!
Here’s wishing you a Merry Christmas and a Happy New Year filled with joy, peace, and law-abiding cheer!
About Nicolas and De Vega Law Offices
If you need assistance in cybercrime, civil or other criminal law-related issues, we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at info@ndvlaw.com. Visit our website www.ndvlaw.com.
