Articles 82 and 94 of the Labor Code and its implementing rules exclude government employees, small retail and service staff, kasambahay, managerial employees and staff, true field personnel and dependent family members from statutory holiday pay. Here is the test for each, what the Supreme Court has held, and where to file if you were wrongly classified.
Article 82 of the Labor Code covers every employee by default and excludes only six specific categories: government employees, managerial employees and managerial staff, field personnel, family members dependent on the employer, domestic workers, and workers paid by results. This guide explains each category’s legal test, the Supreme Court cases that define the boundaries, and what happens when an employer gets the classification wrong.
Field personnel are excluded from overtime pay, holiday pay and Service Incentive Leave under Article 82 of the Labor Code — but only if the employer genuinely cannot verify their hours. Learn the Supreme Court’s two-part test, common misclassification traps, and what employees and employers should do next.