The Department of Labor and Employment (DOLE) reminded private sector employers to release the 13th month pay of workers no later than December 24, 2023.
DOLE Secretary Bienvenido E. Laguesma issued Labor Advisory No. 25, Series of 2023, on November 8 to guide employers and workers on the proper computation of the mandatory benefit pursuant to the Labor Code of the Philippines and Presidential Decree No. 851, the latter specifically requires all employers to pay their employees a 13th-month pay.
The issuance reiterates that the 13th month pay “shall be paid to rank-and-file employees in the private sector regardless of their position, designation, or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one month during the calendar year.”
Also entitled to the benefit are rank-and-file employees who are paid on a piece-rate basis, fixed, or guaranteed wage plus commission; those with multiple employers; those who resigned; those who were terminated from employment; or those who were on maternity leave and received salary differential.
According to the advisory, the minimum 13th month pay shall not be less than one-twelfth (1/12) of the total basic salary earned by an employee within the calendar year computed as follows:
total basic salary / 12 months = proportionate 13th month pay
DOLE also clarified that it shall not allow requests for exemption or deferment of its payment.
To monitor compliance, employers are directed to submit a report through the DOLE Establishment Report System no later than January 15, 2024.
The report shall contain the name of the establishment, address, principal product or business, total employment, the total number of workers benefitted, the amount granted per employee, and the total amount of benefits granted.
The DOLE Regional/Field/Provincial Office having jurisdiction over the workplace shall monitor compliance with this general labor standard.
For further queries on the 13th month pay, the public is advised to call DOLE Hotline 1349, which is available 24/7. They can also call or text 0931-066-2573, from Monday-Friday from 8 AM to 5 PM.
Inquiries may also be sent via electronic mail to hotline1349@dole.gov.ph or via direct message to DOLE’s Facebook Page. aldm/DOLE