Short answer. Not necessarily. Article 94 of the Labor Code excludes retail and service establishments that regularly employ fewer than ten workers from the general right to holiday pay. If your store falls under that headcount, this article does not itself entitle you to be paid your regular wage on regular holidays.
What the law says
Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers
Labor Code, Article 94 — Right To Holiday Pay. Read the full provision →
The general rule, and its exception
Article 94 states the baseline plainly: every worker shall be paid his regular daily wage during regular holidays. But it immediately carves out an exception for a specific kind of small business: except in retail and service establishments regularly employing less than ten (10) workers. If your employer is a retail or service establishment and regularly employs fewer than ten workers, this article's general entitlement to holiday pay does not apply to you.
"Regularly employing" is about the usual headcount
The exception turns on the word regularly — it is about how many workers the establishment normally employs, not a headcount on any single given day. A store that occasionally dips below ten during a slow stretch, or briefly exceeds it during a rush, is not automatically switched in or out of the exception by that fluctuation; what matters is the establishment's regular, ongoing employment level. The other half of the description is just as important, and is where the exemption is most often claimed wrongly. Two conditions must hold together: the establishment must be a retail or service establishment and it must regularly employ fewer than ten workers. A small workshop, a small manufacturer, a small farm or a small contractor is not brought within this exception by its size alone, because the exception is written for a particular kind of business, not for small businesses generally.
Working on the holiday is a separate question
This exception is about being paid for a holiday you did not work. Article 94 separately provides that the employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate. That premium-pay rule for actually working the holiday is not itself limited to establishments above the ten-worker threshold in the text given here, so it is worth keeping the two questions — pay for a holiday not worked, and pay for a holiday actually worked — separate rather than assuming the small-establishment exception answers both.
What to check about your own workplace
Confirm two things before relying on this exception either way: whether your employer genuinely qualifies as a retail or service establishment, and what its regular employee count actually is, rather than a headcount pulled from a single pay period. Article 94 lists the covered regular holidays by name, so also confirm the specific day in question is one the article actually designates, since the rule only applies to those enumerated dates. One further caution: an exemption written into one provision does not travel to another. Article 95, for instance, carries its own separate exclusion for establishments regularly employing fewer than ten employees when it grants service incentive leave — which is precisely why each benefit has to be checked against its own text rather than assumed to fall away together.