EMPLOYERS in the private sector have been reminded by the Department of Labor and Employment (DOLE) to release the 13th month pay of workers no later than December 24, 2023, or Christmas Eve.
In its Labor Advisory No. 25, Series of 2023, issued by Labor Secretary Bienvenido Laguesma on November 8, the DOLE provided guidelines to employers and workers on the proper computation of the mandatory benefit.
The 13th month pay is pursuant to the Labor Code of the Philippines and Presidential Decree No. 851.
The Labor Department said 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.”
The DOLE added that 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 a salary differential.
The labor advisory, according to the agency, mandates that the minimum 13th month pay shall not be less than one-twelfth of the total basic salary earned by an employee within the calendar year.
The DOLE 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,” it said.
“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,” it added.
The DOLE Regional/Field/Provincial Office having jurisdiction over the workplace shall monitor compliance with this general labor standard, according to the Labor Department.
