Is a non-regular employee entitled to holiday pay, overtime pay, and other benefits?

Many employers are under the wrong impression that only regular employees can get the following mandated benefits:

1. Minimum Wage
2. Holiday Pay
3. Premium Pay
4. Overtime Pay
5. Night Shift Differential
6. Service Charges
7. Service Incentive Leave
8. Maternity Leave
9. Paternity Leave
10. Parental Leave Solo Parents
11. VAWC Leave
12. Special Leave for Women
13. 13th Month Pay
14. Separation Pay
15. Retirement Pay
16. ECC Benefits
17. Philhealth Benefits
18. SSS Benefits
19. Pag-IBIG Benefits

As a result, many employers mistakenly deny or refusa giving the above benefits to non-regular employees (probationary, casual, project, seasonal, fixed-term). They end up becoming liable later on when a labor complaint is filed against the company.

Whether regular or non-regular, all employees are entitled to the mandatory benefits – provided that the requirements and conditions are met.

What’s the legal basis? It is found in the Implementing Rules and Regulations (IRR) of the Labor Code.

Book VI, Rule I, Sec. 5(b), Paragraph 2, IRR:

“… every employee shall be entitled to the rights and privileges, and shall be subject to the duties and obligations, as may be granted by law to regular employees during the period of their actual employment.”

Consequently, if the requirements and conditions are met, the employers should provide the mandated benefits to all employees whether they are regular, probationary, casual, project, seasonal, or fixed-term.

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