Presidential Decree No. 851 (otherwise known as Thirteenth Month Pay Law), as amended by Memorandum Order No. 28, requires all employers to pay their employees a 13th month pay not later than December 24 of every year.

Historical Backdrop.

Originally, when PD 851, issued by Pres. Marcos, took effect on December 16, 1975, only employees receiving a basic salary of not more than P1,000 a month were entitled to 13th pay.

On August 13, 1986, Pres. Aquino, through Memorandum Order No. 28, removed the salary ceiling of P1,000. With the removal of the salary ceiling, all rank and file employees become entitled to a 13th month pay regardless of the amount of their monthly basic salary (unless their employers are exempted from the application of PD 851).

Employees Covered by 13th Month Pay Law.

All rank-and-file employees, regardless of their designation or employment status, and irrespective of the method by which their wages are paid, who have worked at least one month during the calendar year are entitled to 13th month pay.

Rank and File Employees Meaning.

As stated above, only rank-and-file employees are entitled to 13th month pay. Managerial employees are excluded from the coverage of the law.

The Labor Code distinguishes a rank-and-file employee from a managerial employee. It provides that a managerial employee is one who is vested with powers of prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge, assign or discipline employees, or to effectively recommend such managerial actions.

All employees not falling within this definition are considered rank-and-file employees.

Amount of 13th Month Pay.

The 13th month pay shall be in the amount not less than 1/12 of the total basic salary earned by the employee within the calendar year.

Computation

Only basic salary is included in the computation of 13th month pay. Allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances, shall be excluded from the computation.

However, these salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees.

Time of Payment of 13th Month Pay.

The required 13th month pay shall be paid not later than December 24 of each year. An employer, however, may give to his employees one half of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year. The frequency of payment of this monetary benefit may be the subject of agreement between the employer and the recognized/collective bargaining agent of the employees.

Employees excluded from coverage of 13th month pay law.

  1. Managerial employees;
  2. Those covered under the civil service law;
  3. Those already receiving 13th month pay or its equivalent. Christmas bonus, mid-year bonus, cash bonuses and other payments amounting to not less than 1/12 of the basic salary are treated as equivalent of 13th month pay;
  4. Household helpers and persons in the personal service of another; and
  5. Those paid on purely commission, boundary, or task basis, and those who are paid fixed amount for performing specific work except those paid on a piece-rate basis.

13th Month Pay of Certain Types of Employees

Employees paid on commission basis.

Employees paid on a purely commission basis are not entitled to 13th month pay. They are expressly excluded from the coverage of PD 851. However, employees paid on partly commission basis, i.e., those guaranteed with a fixed wage aside from the commission, are entitled to 13th month pay.

Computation. In the computation of the basic salary of employees paid partly on commission basis, we must distinguish between the two types of commission:

  1. Commission as an incentives or encouragement to ensure productivity, i.e., productivity bonus; and
  2. Commission as a direct remuneration for service rendered.

Commission that take the form of an incentives or encouragement to ensure productivity, e.g., productivity bonus, does not form part of the basic salary. As such, it may be excluded from the computation of 13th month pay. Only the fixed or guaranteed wage is required to be included in the computation (see Boie Takeka case, 1993.)

Basic salary = Fixed wage (commission is excluded)

On the other hand, commission that takes the form of a direct remuneration for services rendered should be included in the computation of the basic salary. That is, it should be added to the guaranteed wage of the employee in computing his “basic salary” (see Philippine Duplicators v. NLRC, 1993.)

Basic salary = Fixed wage + Commission
13th Month Pay of Employees with Multiple Employers.

Employees with multiple employers are entitled to 13th month pay from all their private employers.

Thus, if an employee works in two or more private firms, he is entitled to the pay from both or all of them. If he is a government employee, but works part time in a private enterprise, he is entitled to 13th month pay from the private enterprise.

13th Month Pay of Private School Teachers.

Private school teachers are entitled to 13th month pay regardless of the numbers of months they work in a year, provided it is at least one month.

Payment of 13th Month Pay to Resigned or Separated Employees.

Employees who resigned or were separated during the calendar year shall be entitled to 13th month pay in proportion to the length of time he worked during the year, provided it is at least one month.

The payment may be demanded by the employee upon the cessation of employment.

Example
  1. Assuming an employee earning a basic salary of P12,000.00 per month had worked for at least 9 months at the time of his separation, how much is his 13th month pay? Answer: P9,000.00.
  2. Computation: (P12,000.00 x 9 months) ÷ 12 = P9,000.00

Cases

  1. For 2 to 3 years, Sevilla Trading, allegedly by mistake, added the night premium, maternity leave pay, etc., in the computation 13th month pay. The court ruled that the inclusion may no longer be withdrawn if it has already ripened into a company practice. Nota bene: There is no specific rule as to how many years are necessary to constitute “company practice”. (Sevilla Trading v. AVA Tomas, GR No. 152456.)
  2. Employees paid according to “boundary” system are not entitled to 13th mo pay. Boundary system is where the employees do not receive fixed wages, but retain only those sums in excess of the “boundary” or fee they pay to the owners or operators of their vehicles. They are akin to employees paid on purely commission basis. (R&E Transport v. Latag, G.R. No. 155214.)
  3. Drivers who are paid on commission basis, but with guaranteed minimum wage in case their commission be less than their basic minimum, are entitled to 13th month pay. (PACIWU v. NLRC, GR No 107994.)

References

  1. Presidential Decree No. 851, effective December 16, 1975.
  2. Revised Rules and Regulations Implementing Presidential Decree No. 851

Last Edited: Sunday, December 18, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
13th month pay, basic pay, employee benefits, salary, wages
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639 comments

  1. my boss told me that i will be entitled of separation pay if i reach 5 years in my length of service… Im on my 4 years and 9 months when I resigned. Am i entitle?

    about my 13th month pay, Im 2 months and 15 days in the calendar year… is 15 days included in the computation?

    [Reply]

    Tine Reply:

    I was hired January 25, 2012 probationary as Training Director (managerial position) w/ a salary of P45,000. I resigned from my post last Apr.16, 2012. Am I entitled for my 13th month pay, pls show the computation asap. Thanks

    [Reply]

    blue archer Reply:

    No. Managerial employees are not entitled to 13th month pay.

    [Reply]

    GEROME Reply:

    Gud Morning

    ngwork po aq sa isang distributor nag colgate palmolive 13 years na po aq dito. kung aalis po me meron po ba aq makukuha, habang tumatagal lalong dumadamin ang aking trabaho….

    GLAIZA FORTUNA Reply:

    GOOD DAY PO..NAG WORK PO AKO AS MERCHANDISER SA CALAPAN ORIENTAL MINDORO,UNDER IDS PHILS. INC. FOR 10 MONTHS.
    1ST WEEK OF AUGUST NAGKASAKIT PO AKO,HINDI AKO NAKAPASOK SA OUTLET INAWOL PO NILA AKO FOR 2 DAYS KUNG ABSENT.AND THEN I DECIDE GANUNDIN PO COORDINATOR KO NA MAGPAHINGA MUNA AKO.HUMINGI PO SYA SAKEN NG RESIGNATION LETTER AND KINUHA DIN PO NYA ATM KO PARA DAW PO MA CLAIM KO 13TH MONTH PAY KO TSAKA CASH BOND AS AGENCY RULES.BUT UNTIL NOW WALA PA PO YUNG CASHBOND AT 13TH MONTH PAY.ALMOST 6 MONS NA PO.SABI PO COORDINATOR KO FEBRUARY KO MARERECIV PERO SABI NILA SAKEN NGAYON WALA DAW AKO MAKUKUHANG 13TH MONTH PAY AT CASH BOND.PANO PO BA GAGAWIN KO?MAKUKUHA KO PA PO BA BACK PAY KO GAYA NG PINANGAKO NILA SAKEN?PLS. REPLY.THANK YOU PO

    [Reply]

    ferdie Reply:

    gud pm po…tanung ko lng po sana kung makaktanggap din po ba ng 13 month pay ang mga under po ng agency?

    [Reply]

    ferdie Reply:

    gud pm po…tanung ko lng po sana kung makaktanggap din po ba ng 13 month pay ang mga under po ng agency?

    [Reply]

    Anne Sanchez Reply:

    I was employed as for about 3months already under a probationary stage at work. Now i am leaving the company. What are the rights that i can get?

    [Reply]

  2. Ted Ferrolino Comment:
    March 10th, 2010 at 11:30 am

    Hi Angel,
    You can’t legally demand for payment of separation pay until to meet required 5 years of service. This follows from the rule that an employee who voluntarily resigns is not by law entitled to separation pay. Entitlement to separation pay, in case of resignation, does not arise from law, but from CBA (for company with union), employment contract, or company policy. And in order to avail it, you need to meet the requirements set therein. (I assumed here that the 5 year requirement is contained in the company policy. I suggest you check it.)
    As to your second question, yes, it should be included. 13th month pay is computed based on the basic salary earned. And since that 15 days is already earned, then it should be included in the computation.

    [Reply]

    joana marie espinosa Reply:

    Hi good day!

    Ask ko Lang po kung may makukuha pa akong back pay s agency q 1 year po AQ nag work sknla. From December 30,2011 to February 15,2013

    Last December 2012, 6,500 Lang Ang bngay name 13th month q…. Tama po ba ang computation nun?

    [Reply]

  3. what if i resigned feb 12, 2010. How would my 13th month pay be computed? Is there a particular ruling in the labor code regarding this case? Thank you

    [Reply]

  4. Ted Ferrolino Comment:
    March 22nd, 2010 at 04:27 pm

    jahz,
    You are entitled to 13th month pay if you have already worked for at least one month during the calendar year. The amount is equivalent to 1/12 of the basic salary earned from January 1, 2010 (start of calendar year), to February 12, 2010 (date of resignation).

    [Reply]

  5. hello sir. What if i resigned February 15, 2010? How about February 12, 2010. Would you show me some computations? I am confused sir on how would it be computed if my basic pay is Php 9,0000.00.

    [Reply]

    Ted Ferrolino Reply:

    If you resigned on February 15, 2010, you are entitled to a proportionate 13th month pay equivalent to 1/12 of the basic salary you earned from January 1, 2010 up to the date of your resignation (February 15). Same rule applies if you resign on February 12, just replace the date accordingly.

    For example, if you earned P9,000.00 for the month of January, and P4,500.00 for the month of February, your 13th month pay is computed as follows:

    13th month pay = (P9,000.00 + P4,500.00) x 1/12

    = (P13,500.00) x 1/12

    = P1,125.00

    [Reply]

    Chad Reply:

    papanu po kpag my absences my deductions po b sa13th month pay? How much po yung deduction?

    [Reply]

    Jhomar Febo Reply:

    Ngowor po April 5 ,2013 hnggang sept.18,2013,ang basic salary ko per 280, my mkkha po b aq n 13 month pay at mgkno po.

  6. we have a truck driver. he is paid on a PER TRIP BASIS. example: his PER TRIP rate is P500. in one day, he makes 2 trips. he receives P1,000 from us. what kind of employee is this? is this considered TASK BASIS, therefore he is excluded from the 13th month pay law? thanks.

    [Reply]

    Ted Ferrolino Reply:

    It is hard to say what kind of employee is your truck driver from the facts you gave. I also can’t tell with certainty whether he is entitled to 13th month pay or not (others factors such as company practice, employment contract, etc., should be considered for proper determination).

    Regardless, in my opinion, an employee paid solely on a “per trip basis” (that is, no guaranteed basic pay) is excluded from the application of the 13th month pay law. Such employee may either fall under the category of employees paid on task basis or those who are paid fixed amount for performing specific work.

    [Reply]

  7. Thanks, Ted. Our business just recently started. We are currently preparing the employment contract of the truck driver and our concern is that we COMPLY with the BASIC labor laws (deduction of SSS, withholding tax, etc.). We would like to include in his contract items that are legal under the labor code. Since he is considered an employee who is paid for performing a specific task, we would like to include in his contract that he is not entitled to 13th month pay to avoid any confusion in the future. But we also have a policy if by the end of the year, the company has excess funds, the company might decide to give him a bonus (or something to that effect).

    Are there other items that we should include in his employment contract to avoid any legal issues in the future? Thanks again.

    [Reply]

    Ted Ferrolino Reply:

    You’re welcome!
    Do check the DOLE Manual on Labor Standards to ensure that you have complied with all minimum labor standards requirements.

    [Reply]

  8. i am regular monthly employee for almost 10 years.just wanna know where part the labor law states that the 13th month pay is deductible with days/hours of absence such as undertime, sick and vacation leave?

    [Reply]

  9. hello sir. i am working as regular monthly employee for almost 10 years. just wanna know where part of the 13th month pay law stating that it is deductible with the days/hours of my absence such as undertime, sick and vacation leaves? Pls enlighten me.tnx!

    [Reply]

    Ted Ferrolino Reply:

    Technically, absences and undertime are deductible, not from the 13th month pay, but from the basic salary of the employee, following the principle “no work no pay”. It is the reduction in the basic salary that would correspondingly result to reduction in 13th month pay. The same thing can be said of sick and vacation leaves which are in excess of the five days service incentive leave – no work no pay. On the other hand, unused sick and vacation leave conversion are not deemed part of basic salary, hence excluded.

    [Reply]

    concern employee Reply:

    so does this mean that we should be receiving a full month salary? our company practice is to deduct absences and tardiness from the 13th month.. should i call the attention of our HR and accounting on this?
    thanks

    [Reply]

    Ted Ferrolino Reply:

    Not so fast. If you have incurred absences and tardiness during the year, your 13th month pay is necessarily less than your full month salary. 13th month pay is based on total basic salary earned during the year, which is normally dependent on attendance under “No work no pay” rule. The more absences you have, the lesser is your total basic salary for the year, which equates to lesser 13th month pay.

    Zcisckho Reply:

    For employees receiving regular wage, we have interpreted “basic salary” to mean, not the amount actually received by an employee, but 1/12 of their standard monthly wage multiplied by their length of service within a given calendar year. Thus, we exclude from the computation of “basic salary” payments for sick, vacation and maternity leaves, night differentials, regular holiday pay and premiums for work done on rest days and special holidays.[15]In Hagonoy Rural Bank v. NLRC,[16] St. Michael Academy v. NLRC,[17] Consolidated Food Corporation v. NLRC,[18] and similar cases, the 13th month pay due an employee was computed based on the employee’s basic monthly wage multiplied by the number of months worked in a calendar year prior to separation from employment.

    The Court of Appeals thus held that:
    Considering the foregoing, the computation of the 13th month pay should be based on the length of service and not on the actual wage earned by the worker. In the present case, there being no gap in the service of the workers during the calendar year in question, the computation of the 13th month pay should not be pro-rated but should be given in full.[20]
    http://sc.judiciary.gov.ph/jurisprudence/2005/jun2005/145561.htm

    Ted Ferrolino Reply:

    I have to correct myself on this one. As pointed out above, absences and tardiness should not be deducted from 13th month pay in accordance with the ruling in Honda case. That is, 13th month pay should be given in full as long as there is no interruption of service.

    In computing 13th month pay, the standard monthly wage of the employee should be used, instead of the basic salary actually received by the employee.

    It appears, however, that this rule applies only to employees receiving regular wage. For employees not receiving regular wage (no standard monthly wage), the basic salary earned during the year remains the basis of computation.

    andre shaun Reply:

    good day what if my employer does not pay my 13month pay, what should i do??

    [Reply]

    Cathy Reply:

    Follow up questions: There are so called “monthly rate employee” and “daily rate employee”. Questions: What is the difference between the two? in terms of 13th month pay computation, are absences and tardiness deductible from basic salary to arrive at the basis of 13th month computation?

    [Reply]

    polo Reply:

    2.Considering the foregoing, the computation of the 13th month pay should be based on the length of service and not on the actual wage earned by the worker. In the present case, there being no gap in the service of the workers during the calendar year in question, the computation of the 13th month pay should not be pro-rated but should be given in full.

    http://sc.judiciary.gov.ph/jurisprudence/2005/j…

    [Reply]

    Michael Reply:

    this contradicts with mr. Ted Ferrolino’s explanation. sir, is it safe to call our HR’s attention base on your explanation?

  10. I find this confusing.. Is 13th month pay included in non-taxable incentive which is 30,000?

    [Reply]

  11. Good day! I am a teacher in a Montessori School. I have been working there 8 years now. I am just disappointed that every summer when we would have our evaluation there is no big increase in the salary. The evaluation would just cost P750 if you perfect the evaluation. Other than that there is just P200 sure increase. Every year my employers would have renovation in the school and at the same time renovation in their house because their house is also in the vicinity of the school. If not that they would have new cars and the whole family would travel abroad. My salary now is P16,000 for that 8 years of service to them where in in other school that amount is just their starting salary. My employers are nice but reality bites. I need money to support my family. Sila lang ang umaasenso. How about us, the teachers, their employees. You know the job of a teacher is not just 8 hours. Even at home we would still work and check papers. Our time schedule is 7:00- 4:00. Lunch break is 12:30- 1:30. Every Fri that is club time we eat lunch together with the kids. While you are eating you are talking and guarding the children. Is that a break? Then if there are tutorial classes you have to stay until 5pm. The tutorial rate is P2000/10 hours. The teacher would just get P100/ hour and the rest goes to the school. We were given a lot of work and assignments. They would hire newly grad teachers and I don’t think it is our responsibility to train them. It is the supervisors job right? All of the teachers feel that we are overly used and under paid. Knowing that the tuition fee of ache child is about P49k- P54k with 2 sections per level pre- school -h.s and about 30 students per class. Please help me out. Thanks.

    [Reply]

    Ted Ferrolino Reply:

    Hi Elise,
    You have at least two options.
    One option is to personally or individually bargain with your employer to ask for a raise in your salary and other benefits. This option will require some negotiating skills. If you are good at it, you’ll have a good chances of getting what you want. If you are not good at it, well, you’re not likely to succeed. You see, personal bargaining is often difficult, and although it may work for some, it is definitely not for everyone.
    The other option is by organizing yourself into a body that will represent your collective interest. For example, you may form a teacher’s association or union. And once you have that association, you can then elect your representatives who will negotiate with the management.
    Although organizing an association is a challenge in itself, you will see it pays off in the end.

    [Reply]

  12. i voulntarily resigned from work, now my employer wont give me my benifits such as 13th month pay and tax refund, and all the monetary benefits that i may get for the reason that they will pay it to my outstanding loan balance in HDMF (pag-ibig). i checked to the office of pag ibig and their office says that my employer is only obliged to pay it if the fund comes from a “separation pay or retirement benifit” in which both are not applicable to me bec 13th month is not a separation pay, as well as the tax refund. i am not also retiring, im just 25. how will i get the thonse things that are due to me?

    [Reply]

  13. good pm sir…
    I already resigned last Sept.25,2010 in my work as accounting clerk in yeloking boracay but I don’t receive my 13th month pay they pay me my remaining salary only.Can I still claim my 13th month pay if I complain now?

    [Reply]

  14. sir…another one…I was deducted SSS, Philhealth & Pag-ibig but when I inquire in SSS, Philhealth & Pag-ibig office payments were not yet submitted.how can I claim my benefits then?

    [Reply]

  15. helo po..
    ask ko lng po sana my contravt kc ako pinirmahan that i have to provide a replacement when i resign..with 1 month notice..i passed my resignation last aug 25 and the effectivity of my resignation is on sept 25..nghanap po ako ng mga applicant and they applied, ang prob nireject po nila dhil d mgksundo sa salary..ngayon iniipit po nila ako, kailangn ko dw hintayin ung replacement at mpag uusapan pa ang 13th month pay kung ibibgy nila..kung d ako nghintay ng kapalit d na nila ibibigay 13th month ko..tama po ba un?ano po kailangn ko gawin?
    sana mtulungn nyo po ako,,tnx

    [Reply]

    Ted Ferrolino Reply:

    Mali na hindi nila ibigay ang 13th month pay mo. Ilegal at walang basehan ang ganitong practice. Isa pa, sapat naman ang one-month notice ang ibinigay mo, naaayon ito sa Labor Code, kaya hindi ka nila dapat sisihin.
    Maari kang magfile ng money claim kung sakaling iwithhold ang 13th month pay mo. Pumunta ka sa pinakamalapit na office ng DOLE o NLRC, at magtanong tungkol sa proseso ng ganitong claims.

    [Reply]

  16. i am a probationary employee and have been working for 3 months starting july 2010 to september 2010 and perfer to resign this month..would i be entitled to receive a 13 month pay?

    [Reply]

  17. Amerie's here. Comment:
    October 7th, 2010 at 02:28 pm

    .sir inquire lang po,about sa computation ng 13th month pay, yearly po kasi,every March nagkakaroon po yung company namin ng increase in basic salary. Tama po ba na computin ko yung 13th month pay ng employee ng ganito:

    January to March (10,000 each) 30,000
    April to Dec (12,000 each) 108,000
    =138,000
    /12
    =11,500 was the employee 13th month for the whole year??

    Masyado po kasing silent yung nasa labor code.. I don’t know if I will going to use average method or kung ano yung current basic salary mo divided by 12..thank you

    [Reply]

  18. We have a regular employee and we terminate him last July 2010..I wanna ask if he will also received 13th month pay.

    [Reply]

    Ted Ferrolino Reply:

    The terminated employee is entitled to receive his prorated 13th month pay.

    [Reply]

  19. phoebus lindsay sarmiento Comment:
    October 16th, 2010 at 12:09 pm

    I resigned on my job last month, according to my employer i must pay the seminars and trainings they conducted where in i attend. its about 5,000.00 per seminar. Is this legal?

    [Reply]

  20. Sir,

    We know that drivers are recognized as employees per jurisprudence. If we are to compute their benefits like 13th month pay or their SSS salary bracket, how do we peg their monthly salary considering that they do not even report to their employers their daily earnings since employers are only concerned about their “boundary”?

    Thank you very much po.

    [Reply]

  21. Sir,

    Sorry po, may I correct myself, di po pala entitled sa 13th month ang drivers na boundary lang. Pano po yun di naman alam ng operator kung magkano po talaga kita nila? Pano po magbabayad ng contribution nila sa SSS? Thank you po uli.

    [Reply]

    Ted Ferrolino Reply:

    The operator has to record the daily income of the individual driver and use this as basis in the payment of premium contribution. If not, use the minimum wage as basis.

    [Reply]

  22. Hi,

    What if a person had taken 2 months of maternity leave, are those dates (leaves) be included in the computation of her 13 month pay? Please help. thanks

    [Reply]

  23. Mimi Salang Comment:
    November 5th, 2010 at 09:42 am

    Sir/Madam:

    I was employed in a company since April this year, one of the benefits is midyear bonus. The company’s fiscal year is May of current year to April of succeeding year.
    Mid year bonus is said to be 50% of basic pay.

    I was told that since I started April this year, I am not yet entitled to it yet.

    SHOULD THE BASIS FOR MIDYEAR BONUS BE THE COMPANY’S FISCAL YEAR OR SHOULD IT BE THE CALENDAR YEAR (JANUARY TO DECEMBER)? AM I ALREADY ENTITLED TO THE MIDYEAR BONUS ON PRORATED BASIS?

    [Reply]

  24. Sir Question lang po….
    I am married with 3 dependents so maliit lng ang tax ko every payday. lets say 800 per payday so 1600 a month.

    Nagtataka lang ako bakit pag dating sa 13th month ang laki ng tax. Simple mathematics lang naman eh.
    kung ang 13th month is equivalent to 1 month of my salary ibig sabihin i should be deducted only around 1600 para sa 13th month. Tama po ba?
    O iba talaga ang computation ng tax ng 13th month, hindi kasama ung status ko na Married w/3 dependents?

    [Reply]

    Vanessa Reply:

    13th month pay not exceeding 30k is not taxable..so check it with your employer

    [Reply]

  25. im from a bpo company, our payroll sent us a memo that our 13th month will now be given into 2 payouts w/c is ok,, but now they said it will be deducted by all our unpaid absenses, lates, under time, regardless if its a force under time like when our system doesn’t work.. aren’t we supposed to get our 13th month in full? since they are already deducting those in our regular payouts..

    [Reply]

  26. I am working as agent in one of the biggest BPO company in the industry, just a while ago they sent an email to all employee regarding the 13th month pay, they saying that their are going to cut the 13th month pay into 2 nov 19, 2010 and dec 23, 2010, with deduction of absences for the whole year, but my point is they already deduct the absence from our salary on the particular cut off date, and then now they will deduct it again in our 13th month pay for 1 whole year computation. please help me to understand it and whats the right things to do… Thanks..

    [Reply]

  27. Hi.

    My company has just implemented the “no work no pay rule” just this year. it was announced 15 days before they are to give the 13th month pay. furthermore, they are also implementing an installment of the 13th month pay based on two payments which is NOT the usual practice. The RIPENED practice within our company is that they give it in full without implementing the no work no pay rule.

    question:

    is a company allowed to do this without asking the employees? is it even allowed at all.

    the installment of the 13th month pay, is it legal that they are implementing it without prior time and preparation?

    Lastly, where can we complain about this?

    since all of teh actions of the company didnt have any agreement with us the employees

    [Reply]

  28. hi! if in my case that everything was verbal..even all the while I demanded for a contract,wala po silang nai-provide sa akin. All where just promises. All that they have given me as an answer was : WE WILL SEE YOUR PERFOMANCE FIRST,THEN WE’LL MOVE ON BASED ON THAT. Which of course I would understand at first. But it had been a year & two months already. Performance wise,THEY HAVE PROMOTED ME in 6mos period to be the restaurant manager from being the supervisor. So that CLEARLY means, I DID PERFORMED VERY WELL…right? So I started to demand about our supposed verbal agreement about SERVICE CHARGE, SALARY INCREASE,BENEFITS & MY CONTRACT COPY. BUT THEN AGAIN they failed to give me any response. Sadly,I became sickly. I decided not to report anymore to work,FOR I WAS DISMAY on FAILURE TO GET MEDICAL ASSISTANCE from them and all the other said reasons.

    Now, my question sir is, Am I entitled to any back pay? 13th month pay? I never got any INCOME TAX RETURN as well…

    I started August 2009 and ended working October 2010.

    I would appreciate any response from you sir. Thank you & God bless.

    [Reply]

  29. Hi,

    im earning more than 45 k per month but less than 50. i have been with my current company for more than a a yr now so i should be getting my 13th month as with my whole basic pay. I had a 1 time bonus of 14k which was taxed already. I got a less than 35k 13th month this time. How can this be possible? Can you help me pls? Thanks!

    [Reply]

    Ted Ferrolino Reply:

    You need to ask your accounting how did they compute your 13th month pay. Then, to determine whether the computation was proper, consider the following:
    1. The 13th month pay shall be in the amount not less than 1/12 of the total basic salary earned by the employee within the calendar year.
    2. Allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances, shall be excluded from the computation.
    3. 13th month pay and other benefits (e.g. your one-time bonus of 14k) in excess of P30,000.00 is taxable.

    [Reply]

    may Reply:

    Sir gud evening po ask ko lang po kung ung sa computation po ng 13th month pay eh ung basic lang po o ung net pay, kasi po nag work me ng february 2010 up to present tpos ung n receive ko lang po n 13th month eh umabot lang ng 4,000 plus, per day po ang bayad s amin 404.00 everyday. so paano po ba mag start ung computation nun at kelan po ung last na sahod n kasama po sa computation? tnx po

    [Reply]

  30. hi, i am stop for work for about 2 moths… i am in floating status in our company… is their a possibility to get my 13th month pay?

    [Reply]

    Ted Ferrolino Reply:

    Yes, as long as you have worked at least one month during the calendar year (between January to December), you are entitled to 13th month pay.

    [Reply]

    Jimmy Bayrante Reply:

    Hi, Are you saying for our case in our company that we are not entitled for a 13th month?

    We worked Jan 1st to Jan 13th, 2013 only with company A. We got our 13th month since our start date of October 10, 2011.

    [Reply]

  31. Hello, I started working March 2010. How much 13th month pay will I be receiving?

    [Reply]

    kyush Reply:

    my basic monthly salary is P15,000.00

    [Reply]

    Vanessa Reply:

    pro rated from March to December, around 12,500 but then absences and lates are deducted to arrive on the actual amount.

    [Reply]

  32. MARY FAITH LOPOZ Comment:
    November 16th, 2010 at 09:19 pm

    HELLO PO,

    I AM A JOB ORDER EMPLOYEE AT NPC (NATIONAL POWER CORPORATION. LAST YEAR, WE RECEIVED A 13TH MONTH PAY FROM THE COMPANY BUT THIS YEAR, THE PRESIDENT OF NPC SIGNED AND DISSEMINATE A MEMO CIRCULAR STATING THE EXCLUSION OF JOB ORDERS (6 MONTHS OR LESS WORK IN THE COMPANY) AND CONTRACT OF SERVICE (1 YEAR WORK IN THE COMPANY) TO RECEIVE THE 13TH MONTH PAY. WE KNOW AND UNDERSTAND THAT THE APPOINTMENT AND JOB CONTRACT WE SIGNED IS A NO EMPLOYER-NO EMPLOYEE RELATIONSHIP BUT AGAIN MANY OF US JOB ORDERS AND CONTRACT OF SERVICE SERVE THE COMPANY FOR MORE THAN YEARS (SOME 10 YEARS OR MORE) AND WE WORKED LIKE REGULAR, PERMANENT OR CASUAL EMPLOYEES WORKING 8 HOURS A DAY AND HAVING OVERTIMES AS ACTING SECRETARY, DATA ENCODER, INFO TECH ANALYST AND MORE POSITIONS. WE WERE SO SAD AND HURT BY THE MEMO CIRCULAR STATING THAT WE ARE EXCLUDED. IS THIS RIGHTFUL FOR US EMPLOYEES IN THE NATIONAL POWER? WE DESERVE THE 13TH MONTH PAY TO THINK WE HAVE SERVE THE COMPANY FOR YEARS AND THE SCOPE OF WORK OF THE JOB ORDERS AND CONTRACT OF SERVICE IS BEYOND IT STATE WHERE THE PRESIDENT AND THE COMPANY ITSELF TAKE FOR GRANTED. TO THINK ALL OF US JOB ORDERS AND CONTRACT OF SERVICE PERSONNEL WORK MORE THAN THE PERMANENTS. PLEASE PLEASE HELP.

    [Reply]

  33. MARY FAITH LOPOZ Comment:
    November 16th, 2010 at 09:21 pm

    HELLO PO,

    I AM A JOB ORDER EMPLOYEE AT NPC (NATIONAL POWER CORPORATION. LAST YEAR, WE RECEIVED A 13TH MONTH PAY FROM THE COMPANY BUT THIS YEAR, THE PRESIDENT OF NPC SIGNED AND DISSEMINATE A MEMO CIRCULAR STATING THE EXCLUSION OF JOB ORDERS (6 MONTHS OR LESS WORK IN THE COMPANY) AND CONTRACT OF SERVICE (1 YEAR WORK IN THE COMPANY) TO RECEIVE THE 13TH MONTH PAY. WE KNOW AND UNDERSTAND THAT THE APPOINTMENT AND JOB CONTRACT WE SIGNED IS A NO EMPLOYER-NO EMPLOYEE RELATIONSHIP BUT AGAIN MANY OF US JOB ORDERS AND CONTRACT OF SERVICE SERVE THE COMPANY FOR MORE THAN YEARS (SOME 10 YEARS OR MORE) AND WE WORKED LIKE REGULAR, PERMANENT OR CASUAL EMPLOYEES WORKING 8 HOURS A DAY AND HAVING OVERTIMES AS ACTING SECRETARY, DATA ENCODER, INFO TECH ANALYST AND MORE POSITIONS. WE WERE SO SAD AND HURT BY THE MEMO CIRCULAR STATING THAT WE ARE EXCLUDED. IS THIS RIGHTFUL FOR US EMPLOYEES IN THE NATIONAL POWER? WE DESERVE THE 13TH MONTH PAY TO THINK WE HAVE SERVE THE COMPANY FOR YEARS AND THE SCOPE OF WORK OF THE JOB ORDERS AND CONTRACT OF SERVICE IS BEYOND IT STATE WHERE THE PRESIDENT AND THE COMPANY ITSELF TAKE FOR GRANTED. TO THINK ALL OF US JOB ORDERS AND CONTRACT OF SERVICE PERSONNEL WORK MORE THAN THE PERMANENTS. PLEASE PLEASE HELP.

    [Reply]

    Ted Ferrolino Reply:

    I believe that all job order and contract of service employees who have rendered more than one year of service and those who have been continuously and repeatedly rehired should be given the same benefit as the regular employees.

    Those who have rendered more than one year of service should be deemed regular. Under Civil Service Law, “Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency…”

    Likewise, those who have been continuously and repeatedly rehired for several years should be given regular status. The continuous and repeated rehiring is indicative that the position is essential to the operation of the company. The primary standard of determining regular employment is the reasonable connection between the particular activity performed by the employee in relation to the usual business or trade of the employer. (Lopez vs. MWSS, 2005.)

    As regular employees, you should be entitled to the same benefits attached to regular positions.

    [Reply]

    MARY FAITH LOPOZ Reply:

    THANK YOU SO MUCH SIR FOR THE REPLY. I WILL SEE THIS AS MY BASIS. WE THINK WE WILL WRITE A LETTER OF APPEAL FOR OUR 13TH MONTH PAY. THANKS AGAIN SIR.

    [Reply]

    leo Reply:

    It has been a practice in our municipality not to give 13th month pay to contractual and job order employees who has been serving for more than one year. I have been working for more than 3 years and yet we don’t receive any benefits. We are only given a little share from the regular employee’s 13th month pay. Their share would be divided by the number of job order workers. And that’s what we only receive. Is this right? What should be the best thing to do for us to receive the benefit?

    [Reply]

  34. Good day! I am government regular employee recently hired last September 1, 2010.Can I receive a percentage of 13th month? Do we have a circular memo about new entry employee about 13th month?

    [Reply]

    Ted Ferrolino Reply:

    Only government employees with a total or an aggregate for 4 months of service before October 31 of the year is entitled to a proportionate share of the remaining half or balance of the Year-End Bonus and Cash Gift.
    Those who rendered a total or an aggregate of less than four months as of October 31 is entitled only to Cash Gift (no Year-End Bonus).

    Please see DBM Budget Circular 2010-1.

    [Reply]

  35. how will i compute the 13th month pay of a private school teacher if we hired her on oct. 1, 2010? please show me the computation. thanks!

    [Reply]

    Ted Ferrolino Reply:

    The 13th month pay should be equivalent to at least 1/12 of the total basic salary earned during the year, or 3/12 of the average basic salary (from October to December).

    [Reply]

    daryl myles Reply:

    13th Month Pay of Private School Teachers.

    Private school teachers are entitled to 13th month pay regardless of the numbers of months they work in a year, provided it is at least one month.

    I thought the Private School Teachers will receive the full amount, equivalent to 1 month, regardless of the number of months worked in the school.

    [Reply]

    Ted Ferrolino Reply:

    13th month pay is dependent on the number of months the employee actually worked during the year. It is not always equivalent to one full month salary.

  36. Employee benefits were already given by the company for 3 years. And yet it was noticed that according to the company policy the computation should be lesser than the existing amount already given. My question is, correction for such error will be considered as violation to the principle of Non-diminution of Employee Benefit under Philippine Labor Law?

    [Reply]

    Ted Ferrolino Reply:

    Yes, it could be a violation of the prohibition against diminution of benefits. The company needs to show that it is plain error on their part (which is not easy considering that it took them 3 years to find out).
    Given the 3-year delay, you can say that the grant was both voluntary and deliberate, and not just plain mistake.

    [Reply]

    PEANUTS Reply:

    Thank you sir for your immediate response.

    My follow-up question is. Is that applicable for both regular and part-time employees (teaching employee)?

    [Reply]

    Ted Ferrolino Reply:

    It should not matter..

  37. Are their deductions upon receiving our 13th month pay? Like Absences or Lates?

    [Reply]

    Ted Ferrolino Reply:

    Absences and lates are deductible from the basic salary of the employee. Hence, it will affect the computation of 13th month pay.
    It is improper to deduct it directly from the 13th month pay if deductions had already been made on the basic salary.

    [Reply]

    Maria Reply:

    Now this is confusing since you mentioned above that “the 13th month pay is dependent on the number of months the employee actually worked during the year. It is not always equivalent to one full month salary.” So how should the 13th month pay be computed then if the absences have already been deducted on the basic?

    [Reply]

    Ted Ferrolino Reply:

    13th month pay = 1/12 of the total basic salary earned. That’s the basic formula. There are possibly many ways to do the computation. But all should arrive at the same result.

    Illustration:

    Daily wage (Basic) = P404.00

    January (20 days work) x 500 = P8080
    February (18 days) x 500 = P7272 (After deduction of absences)
    March (10 days) x 500 = P2020 (After deduction of absences)
    April – December = P8080

    13th month pay = 1/12 x (8080 + 7272 + 2020 + 8080 + 8080 + 8080 + 8080 + 8080 + 8080 + 8080 + 8080 + 8080)

    13th month pay = 1/12 x P90092
    13th month pay = P7507.67

  38. manuel F. jose Comment:
    November 24th, 2010 at 08:08 am

    my case seems to be the same with peanuts.. we have been receiving the 13th month which is according to the laws of the Philippines for 3 years and after a new HRD HEAD in our school who seems to be very brilliant enough to implement the said changes which is 12units according to the book of atty.Ulan Sarmiento GUIDE IN PRIVATE SCHOOL BOOK..When we approach the head she said it was the 12 units at first but we said that our load was 3 units in a 7 hours class which is Lec /Lab could somebody help us find the most appropriate answer to back up our claims.if the unit=hrs were to be implemented I will be loosing 2/3 of my supposed 13th month pay.

    [Reply]

  39. my probationary starts last february 1 2010,and now I’m regular last august 1 2010.Am I entitled for that 13 month pay?

    [Reply]

    Ted Ferrolino Reply:

    Yes, you are entitled to proportionate 13th month. All employees (regardless of employment status) who have worked at least one month during the calendar year are entitled to 13th month pay.
    For the purpose of computation, the number of months from the start of your probationary employment (February) until the end of the calendar year (December) should be credited.

    Computation: 11/12 x (Basic Salary)

    [Reply]

    kiks Reply:

    thank you so much,and more power unot you:)

    [Reply]

  40. good day!we are working at a state university. some of our personnel (teaching personnel)are contracted under the job mode of “contract of service” where their contract ends every term (we are on a trimester curriculum). however, after each term, their contract were immediately renewed, thus no gap of service has elapsed.The remuneration being allotted to these personnel were taken from the “AID and or supplemental budget from the local city government and not from the special trust fund of the university nor the department of budget and management. inclusive from the university and local city government’s agreement is a provision on the grant of year-emd bonus and cash gift to the said personnel… now here is the point of query… a letter request regarding 13th month pay and cash gifts had been requested to our university accountant thru proper protocol… the university accountant instead of facilitating the request had given us a “budget circular no. 2010-1 dated april 28, 2010 stating therein under provision 4.4: “individuals or groups of people whose services are engaged through job orders, contracts of services, or others similarly situated are excluded from the coverage of this circular… please enligthen us…God bless

    ogadz

    [Reply]

    Ted Ferrolino Reply:

    Just my opinion, the exclusion in the DBM circular you mentioned should apply only when no employer-employee exist. In the case of teaching personnel of state universities, and job order or contract of service employees who have already rendered at least one year of service, regular employment should be deemed to exist. (Reads: they should be entitled to the same benefits are regular employee, such as year-end bonus, etc.)
    Under Civil Service Law, “Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency…”
    There’s a similar comment above you might find interesting, please read here.

    [Reply]

  41. I passed my resignation last November 18 with an effectivity date of December 18. I am just wondering if my 13th month will be part of my back pay/separation pay already or will I be receiving this before the effectivity of my resignation?

    [Reply]

  42. ALEXIS J. PARADIANG Comment:
    November 28th, 2010 at 09:40 pm

    i was wondering y our 13th mo. pay is taxable? in some company they are given the full 13th mo. pay. Our HR told us that we are in sales department, so our 13th. mo is taxable. is this legal?

    [Reply]

  43. hello…i am a job order employee in a government office specifically accounting clerk for more than six months, am i entitled for a bonus or 13th month pay? Thank you..

    [Reply]

  44. sir,what if the person is only a project employee since last year july 2009,and renewing only a contract as a project employee every year thus they entitled also for that 13th month pay?Thank a lot..

    [Reply]

    EDEN Reply:

    sir, I start working as government employee September 16, 2010, what would be the computation of my 13th month pay? Should I only receive 1 thousand pesos as my 13th moth pay?

    [Reply]

  45. Maternity Leave per law is not included in the computation of the 13th month pay. How about the seven (7) days PATERNITY LEAVE and SOLO PARENT LEAVE? I understand that these benefits, when not used, cannot be converted into cash at the end of the year. But when availed, is it part of the computation of the 13th month pay? or like maternity, it will be excluded?

    [Reply]

  46. Hi,
    i worked for my previous company last January 2010 and resigned August 2010. am i entitled for a 13th month pay?

    [Reply]

    Ted Ferrolino Reply:

    You are entitled to proportionate 13th month pay equivalent to 8/12 x (basic salary).

    [Reply]

  47. hi! i was asked to go on medical leave for 6 months due to health issues. it started last nov 25, 2010. i asked my supervisor, HR, and accounting, they all said my 13th month pay will be on hold. i’m a regular employee and has been with the company for 2 years and 3 months. is this acceptable?

    [Reply]

    Ted Ferrolino Reply:

    There is no legal justification to hold your 13th month pay.

    [Reply]

    racks Reply:

    that’s what i thought. thanks for the reply. :)

    [Reply]

  48. Hi! I already separated to my employer last sept. 10, 2010 and as of now I did not yet received my back including 13th month and other benefits because of my medicard (waiting for the utilization). If ever they will not give me my 13th month how will I going to do. Is there any grounds for this?thanks

    [Reply]

    Ted Ferrolino Reply:

    You can file a money claim against your employer with the National Labor Relations Commission (NLRC). Just go to NLRC office and fill up the complaint form. Don’t forget to bring your recent cedula.

    [Reply]

  49. Good day to all,

    I just want to ask if I am entitled for that 13 month pay?? I do have a contract in my preseent company for 3 months starting sept 1 2010 up to dec 1 2010, but they extend my contract for another 1 month. may I just ask if I am entitled for that 13month pay, cause when i’ve red my previous contract, it is not stated there.

    Please advise.
    Thanks!

    Migs

    [Reply]

    Ted Ferrolino Reply:

    As long as you have worked at least one month during the year, you are entitled to 13th month pay even if it is not stated in the contract.

    [Reply]

    Migs Reply:

    Hi,

    Thank you for that prompt response.
    May I ask, what if the company that I am working for right now doesn’t deduct any tax on my salary, am I still entitled for that 13 month pay?

    Please advise.
    Thanks!

    Best Regards,
    Migs

    [Reply]

    aubrey Reply:

    hi sir, ask ko lng po kung my krapatan po b ang isang kompanya n mgbgay ng kontrata n may nilalamang, paghohold ng 13th month pay n kpag ang isang empleyado ay my mga discrepancy? or loses n tntwag nila, cla po b ay my krapatang maghold ng 13th month pay? ako nmn po ay nkapirma s kontratang iyon.. cla po ang nagsabing inihold po tlg nla iyon.. nung dec.15 2010 po ntpos ang kontrata ko s knla.. nagumpisa po ako ng july 15.. its a 5 months contract po.. my mkukuha p po b ako?? salamat po

    [Reply]

  50. Hi! I already separated to my employer last sept. 10, 2010 and as of now I did not yet received my separation pay including 13th month and other benefits because of my healthcard (medicard) (waiting for the utilization). If ever they will not give me my 13th month how will I going to do. Is there any grounds for this?thanks

    [Reply]

  51. Ivan Alcaraz Comment:
    December 6th, 2010 at 03:34 pm

    I wanted to ask a simple thing with regards to the 13th month pay computation. Currently, I was working with my company on a hourly basis of 60 pesos/hour which entitles me for a 480/day salary and since, our company was giving a beneficial 1.5 rate for Saturday’s daily work hours for the employees with perfect attendance (no tardiness and absences from Monday to Friday), I was entitled to have a monthly rate of Php 12480.
    This coming 13th month pay, since, we don’t have that much projects to get engaged for the Saturday’s workload, and it’s almost 4 months have passed before they allow us to work on Saturday’s workloads. My question to ask: “Is my 13th month pay will be subjected for some deduction because of almost 4 months of no work for the Saturday’s Schedule? I mean, it’s not our fault, if ever we are not able to come to work every Saturday because the company didn’t allow us to come to work every Saturday for four months?”

    [Reply]

  52. Ivan Alcaraz Comment:
    December 6th, 2010 at 03:38 pm

    I wanted to ask a simple thing with regards to the 13th month pay computation. Currently, I was working with my company on a hourly basis of 60 pesos/hour which entitles me for a 480/day salary and since, our company was giving a beneficial 1.5 rate for Saturday’s daily work hours for the employees with perfect attendance (no tardiness and absences from Monday to Friday), I was entitled to have a monthly rate of Php 12480.
    This coming 13th month pay, since, we don’t have that much projects to get engaged for the Saturday’s workload, and it’s almost 4 months have passed before they allow us to work on Saturday’s workload. My question to ask: “Is my 13th month pay will be subjected for some deduction because of almost 4 months of no work for the Saturday’s Schedule? Because I was expecting for atleast Php 10400, provided I have a total of two months of absences? I mean, it’s not our fault, if ever we are not able to come to work every Saturday because the company didn’t allow us to come to work every Saturday for four months?”

    [Reply]

  53. tanong lang po kung tama lang po ba na pag nag increase with in the calendar year ay pro rated din ang 13th month pay.
    jan- april 12000 = 4000
    may – dec 15000 = 8750
    13th month pay would be 12,750?

    hope to read a reply.. thanks!

    [Reply]

  54. tanong lang po kung tama lang po ba na pag nag increase with in the calendar year ay pro rated din ang 13th month pay.
    jan- april 12000 = 4000
    may – dec 15000 = 8750
    13th month pay would be 12,750?
    hope to read a reply.. thanks!

    oops sorry po mejo mali ata ung nagawa ko ung may – dec po ay 10000 and total 13th month pay would be 14,000

    [Reply]

    Ted Ferrolino Reply:

    I think it’s correct..

    13th month pay = 1/12 of total basic salary
    = 1/12 x (40,000 + 120,000)
    = 1/12 x (168,000)
    = P 14,000

    [Reply]

    kaye Reply:

    sir, what if an employee gain only an increase of 1000 legal pa din po ba na pro rated? or dapat sa latest salary na ang basis? yung employer po namin binibigay ang 13th month pay june and december.

    pag po ba nag increase ako halimbawa
    jan- feb salary is 5000 semi monhtly
    mar- june salary is 6000 semi monthly

    kung pro rate ang 13th month pay ko sa matanggap ng june ay PHP 5666.67? or dapat sa 6000 na din?

    Thanks po!

    [Reply]

  55. Hi sir. Would like to know if we should still give 13th month pay to an employee we terminated last nov 4. Btw, we terminated her because we found out she’s doing business with our suppliers behind our back. Is she still entitled to the 13th month pay? Thank you very much :)

    [Reply]

    Ted Ferrolino Reply:

    Yes, she is still entitled to proprotionate 13th month pay.

    [Reply]

  56. hi sir, how to compute the 13th month on this case listed below:
    1.if i work from sept.16-up to present
    monthly rate=10600×2.5 months = TOTAL BASICPAY
    TOTAL BASICPAY=26,500 (sept,16-nov30,2010 only)
    leave w/o pay= 3.5days or Php1,422.54
    tardiness= 45mins. or Php38.11

    2.date to give the 13th month is dec.15,2010.
    how about the month of dec.,2010? is it included to compute 13th month even i am not yet work on dec?
    sana po matulungan nyo ko. thanks.

    [Reply]

  57. good day!

    Ako po ay isang ordinaryong promodizer sa aming kompanya naka-assign po ako sa ibat-ibang lugar ng national book store dito sa Metro Manila,
    Sa kasalukuyan isang taon na po ako nagtatrabaho sa naturang kompanya,unang limang buwan ko po na-assign po ako 9 na branches ng National Book Store along Manila area simula po nung nov 16, 2009 natapos po ang limang bwan na kontrata in-extend po ako hanggang august 2010 sa National Book Store SM North Edsa po ako inassign sa halagang 300 pesos per day,pagkatapos po ay bingyan nanaman po ako ng new contract hanggang october 24, 2010 na nagsimula november 2 hanggang april 2, 2011, sa unang cut-off ay nanatili sa 300 daan piso kada araw ang sahod ko ang sumod na cut-off hanngang sa kasalukuyan ay 320 pesos na po ang sahod ko at naka-assign po ako ngayon sa Alabang area,Las piñas at Cavite area.
    Ang amin pong kompanya ay isa po sa mga supplier na nagsu-supply ng mga school supplies sa lahat ng National Book Store dito sa Pilipinas.

    Mula po noong nag umpisa ako sa kompanyang pinagta-trabahuhan ko ngyon ay wala po akong nakuha na binipisyo galing sa kompanya,
    maliban sa cashbond na kinakaltas ng Agency mula sa aking sahod.,Nagtanong po ako sa HR ng kompanya namin kung may 13th month po akong matatangap ngayong December ang sagot po sa aki ay wala daw po akong matatanggap tinanung ko po kung bakit hindi na po ako sinagot.
    Ang akin pong katanungan meron po ba akong karapatan na makatangap ng 13th month pay mula sa kompanya?

    [Reply]

  58. Hi sir,
    I want to ask about the computation of the 13th month pay. Is it true that if you have incurred a leave in a month it is considered incomplete and it will not be included in the computation of the 13th month pay?
    example:
    Jan. incomplete (had a leave for 5 days)
    Feb. 8000
    Mar. 8000
    Apr. 8000
    May. incomplete (had leave for 3 days)
    Jun. 8000
    Jul. 8000
    Aug. 8000
    Sep. incomplete (had a leave for 3 days)
    Oct 8000
    Nov. 8000
    Dec. 8000
    _______________
    72,000 / 12 = 6000
    Is it a correct computation?

    [Reply]

    Ted Ferrolino Reply:

    No. Your income for January, May, and September, less the number of unpaid leave, should be included in the computation.

    [Reply]

    Claire Theresa Reply:

    Hi, you said less the number of UNPAID leave. So what about if its a paid leave? should it be included in the computation? making it a complete month.

    Thank you.

    [Reply]

  59. Contract employee po ako, di po pinapatupad sa company namin ang mandatory government benefits like sss, philhealth etc. 2% lang po ng sweldo ang kinakaltas samin. Last October po terminated ang contract ko. may makukuha pa po kaya ako 13th month pay?

    [Reply]

    Ted Ferrolino Reply:

    Entitled ka sa proportionate 13th month pay, kaya dapat ibigay nila ito sa iyo. Dapat din nilang iremit ang contributions mo sa SSS, Philhealth, at Pag-ibig.

    [Reply]

  60. good day! hingi lang po ako ng advice regarding po sa 13th month pay. mag 3 yrs na po ako nagwowork sa company na pinapasukan ko ngayon. Nagfile po ako ng maternity leave effective june 1 at nagresume po ako sa work ng sept 1 2010. 3 month leave po ako gawa po ng CS section. Nagbigay n po ng half ng 13th month ang boss nmin, pero sa case sa halip n month months ang computation ay 9 months lamang ang computation dahil po sa 3 months n leave ko. itatanong daw po muna ng boss ko sa accountant nya yung sa case ko kung buong 13th months (12 months computation)po ang dapat ibigay sa akin.
    sa pagkakaalam ko po dpat buong 13th month (12 mos) po ang dapat nila ibigay dahil regular nmn po ko employee at isa pa di nmn po ako nagresig kundi nakaleave po ako.

    sana po matulungan nyo ako. kasi po parang sobra n ang panlalamang nila sa mga employee tulad ko.

    di po ba bukod sa sss maternity benefits na makukuha ko sa sss ay meron din po ako mako mkukuhang maternity benefits sa company? sa ss lng po kasi ang nakuha ko.

    salamat po

    [Reply]

  61. OMG. i didn’t know that at least 1 month employee are entitled for 13month, in my case i resigned last april2010 but after i received my back-pay, the total amount of the check is the last payment of my work (15days) but i submit my resignation a month before i left, i checked my pay slip, don’t have any 13month pay in the list, i just wished their bad karma for not giving my 13month! ..

    [Reply]

  62. thank you sir…

    [Reply]

  63. carlota acosta Comment:
    December 10th, 2010 at 05:58 pm

    Sir,cenciya na p.di ko po alam ang URL,ask ko lang po..entitled po ba ako sa Year-end ni P-noy,ngayong 2010? sinuspende ako noong March ,April and May,2010.Pero nakabalik po ako noong June,1,2010,hanggang ngayon,active pa rin sa service..Regular employee po ako,32 years na rin po ako..Sana matugunan po niyo ako..nalilito po ako..

    [Reply]

  64. good day! i am working in a state university here in northern Mindanao as a tertiary part time teacher for almost 8 years now..and yet i don’t receive any incentives like a 13th month pay..even my colleagues, the full time staff were not given as well, and we are not recognized as government employee(s) coz were in a status of a job order employee(s)only..do i have a right or do we have a right to claim for the 13th month pay? or any incentive as well? will you please help us to answer our query ..i am hoping with your positive respond.. for us to be able to claim our right to our institution.

    [Reply]

  65. additional query lang po,. is it right to relieve an employee due to a negative impression sa boss? and with out any other valid reasons for relieving to his or her position? at dapat bang tapusin ng isang empleyado ang probitionary period na 6 month bago siya tanggalin kng hindi siya dapat ma regular employee? may violation po ba ang boss dito sa ganitong situation?(hired august 2,2010 relieve november 19,2010) at may right bang makatanggap rin nang 13th month pay ang empleyado na ito?

    [Reply]

    Ted Ferrolino Reply:

    A probationary employee may be terminated (a) if he fails to qualify based on reasonable standards made known to him at the time of his engagement and (b) for just cause. Mere negative impression may not be enough, unless it arose directly out of the employee’s poor performance after an evaluation has been made.
    A probationary employee may be terminated even before the end of the probationary period if it becomes clear that he does not possess the necessary qualification for the position. Still, the employee should be given sufficient time to prove his qualification. If the period is too short, the dismissal may be illegal.
    He is entitled to proportionate 13th month pay since he had worked for more than one month.

    [Reply]

  66. Hi Sir. I worked as a Consultant in a dental clinic engaged in dental tourism. I started last June, 2010 and as such I’m receiving a Consultancy Fee. I am tasked to do their accounting and to systematized their procedures. Am I also entitled to receive a 13th month pay? I’m a little bit hesitant to include my name among those who will receive the 13th month pay since the payroll summary originate at my end. Please advise. Tnx.

    [Reply]

    Ted Ferrolino Reply:

    13th month pay is mandatory for rank-and-file employees only. Managerial employees, and obviously, independent contractors, are exluded.
    In your case, I am not sure in what category you belong, so it’s hard to tell (a more detailed description of the nature of your engagement and work would certainly help).
    I mentioned managerial employee and independent contractor because “consultants” would most likely fall under either of these categories.

    [Reply]

  67. Hello, I worked at Hotel last Sept. 2009 up to present but i have no receive 13 month pay, All employees here we have no benefits like, SSS, phil health, pag-ibig especially the 13 month pay.

    What should i do?

    [Reply]

    Ted Ferrolino Reply:

    Report the violations to DOLE and ask for assistance. DOLE may conduct inspection of company records and premises and investigate violations of any labor law.

    For DOLE Hotlines, follow this link.

    [Reply]

  68. Nag-tataka ako baket wala akong 13 month pay nag-start akong mag-work sa hotel last sept. 2009 up to present.

    [Reply]

  69. Ilang beses na po namin eto na report sa DOLE ng san pablo pero hanggang ngaun wala paring action na nangyayari.
    Pati rin po sa SSS ng san pablo nag-report kami pero ganun din po wala pa ring action.
    Hanggang kelan po kaya ang pag-aantay namin para malutasan etong problema namin dito.

    [Reply]

  70. Private School Teachers

    13th Month Pay of Private School Teachers.

    Private school teachers are entitled to 13th month pay regardless of the numbers of months they work in a year, provided it is at least one month.

    Isn’t it that a private school teacher will receive a full pay?

    [Reply]

  71. hello po..ask lng po..my co-worker resigned last june.. den she was rehired by the same company november 29..is she still entitled to get her 13th month pay for the services she rendered for the month of january to june 2010? kc my employer said na di na po bbgyan kc ni rehire daw xa..back to zero daw..thanks po

    [Reply]

    Ted Ferrolino Reply:

    Usually, an employee who resigned is paid proportionate 13th month pay at the time of his/her separation. This is part of what employee usually gets as his last pay from the company. If your co-worker has not received his/her proportionate 13th month pay when he/she resigned last June, he/she can still claim it now.

    [Reply]

  72. Good pm po, Ask ko lang po tungkol sa 13th month pay, ayaw po muna ibigay ang 13th month pay ko kasi ibibigay na lang daw ito nya personally. Nasa bicol po ang boss ko, at gusto nya pumunta ako ng bicol para maibigay po nya ang 13th mo. pay ko. Ang gusto po nya bawasin ang mga advances ko sa kompanya sa 13th mo. pay ko.

    Ang tanung ko po.

    1. Ok lang po ba na bawasin nya sa 13th mo. pay ko ang mga advances ko sa kompanya?

    2. Ok lang po ba na madelay ang pagbigay ng 13th mo bago mag pasko.

    salamat po at sana masagot po ninyo ako.

    [Reply]

  73. Ask ko lng po. I’m just wondering kng kasali po ba sa computation ng 13th month yung late and absences? nakalagay kasi sa slip yung basic – lates/absences = 13th month. Pde ba yun? diba dapat full na 1 month basic salary dapat ang ibigay?

    [Reply]

  74. adeleine cruz Comment:
    December 19th, 2010 at 12:01 am

    I am hiring doctors for night shift in my clinic. They are paid based on the number of hours per duty, are they entitled to 13th month pay?

    [Reply]

    Ted Ferrolino Reply:

    Yes. All rank-and-file employees, regardless of their designation or employment status, and irrespective of the method by which their wages are paid, who have worked at least one month during the calendar year are entitled to 13th month pay.

    [Reply]

  75. Sir gud evening! lahat po b ng computation ng 13th month eh pare pareho mapa agency or company po ito?

    [Reply]

    Ted Ferrolino Reply:

    Yes.

    [Reply]

  76. Sir gud pm po ask ko lang po kung ung sa computation po ng 13th month pay eh ung basic lang po o ung net pay, kasi po nag work me ng february 2010 up to present tpos ung n receive ko lang po n 13th month eh umabot lang ng 4,000 plus, per day po ang bayad s amin 404 pesos everyday. so paano po ba mag start ung computation nun at kelan po ung last na sahod n kasama po sa computation? thank you very much

    [Reply]

  77. Your comment is awaiting moderation.
    Sir gud pm po ask ko lang po kung ung sa computation po ng 13th month pay eh ung basic lang po o ung net pay, kasi po nag work me ng february 2010 up to present tpos ung n receive ko lang po n 13th month eh umabot lang ng 4,000 plus, per day po ang bayad s amin 404 pesos everyday. so paano po ba mag start ung computation nun at kelan po ung last na sahod n kasama po sa computation? pare pareho po b computation ng 13th month pay ang agency at company? thankyou very much

    [Reply]

    Ted Ferrolino Reply:

    Computation: 1/12 (one-twelfth) ng buong basic salary mo (hindi kasama ang allowances, OT, other benefits) mula February hanggang katapusan ng December.

    [Reply]

  78. Are those casual employees are entitled to get their 13th pay?

    [Reply]

    Ted Ferrolino Reply:

    Yes, casual employees who have worked at least one month during the calendar year are also entitled to 13th month pay.

    [Reply]

  79. SIr Gud Evening

    Nag wo work po ako as merchandiser sa isang agency. nag start po ako ng February 2010 hanggang ngayon. depende po sa pasok ang bayad nmin.
    ito po ang mga basic ko:

    February 01-15 = 3,438
    February 16-28 = 4,584
    March 01-15 = 3,820
    March 16-31 = 4,584
    April 01-15 = 5,348
    April 16-30 = 4,966
    May 01-15 = 4,584
    May 16-31 = 5,348
    June 01-15 = 4,584
    June 16-30 = 4,584
    July 01-15 = 5,252
    July 16-31 = 5,252
    August 01-15 = 4,444
    August 16-31 = 4,444
    September 01-15 = 5,252

    September 16-30 = 2,020 (kc po nag leave ako without pay dahil wala pa po daw akong one year kaya walang bayad ang leave. nanganak po asawa ko.)saka mayroon po silang isa’t kalahating araw n d nabayaran.

    October 01-15 = 4,040 (+ung 606 na isa’t kalahating araw n di po nila bayaran last cut off) i a add po ba ung 606 sa computation?

    October 16-31 = 4,404
    November 01-15 = 4,444

    Note: wala pa po ung pay slip namin ng November 16-30

    Tapos po ang na receive ko lang n 13th month pay ay 4,178.65

    Tama po ba computation nila? kasi po pare pareho lang naman ang computation ng Company at ng isang agency pagdating sa 13th month pay d po b?
    possible po ba na ang start ng computation nila ay October 2009 at cut off ng October 2010?

    Tnx for the time and may we all have a merry Christmas!!! God Bless you and your Family Sir!!!

    [Reply]

  80. Sir, are job orders entitled on the 13th month pay?

    [Reply]

  81. Mary Ellen B. Miranda Comment:
    December 21st, 2010 at 07:06 pm

    Hi Sir/Madam,

    Would like to inquire if your fixed monthly rate would be 11,000 a month. As per Agency absent & tardiness was deducted to our 13mo. pay. Does it apply to us. Hope for your immediate response. Thank you

    [Reply]

  82. gud evening po,
    ask ko lang po sana kung kailangan ko pa po bang ireklamo ung dati kng pinagtrababhuhan kasi wala silang balak magbgay ng 13th month sa akin,,,start po ako ng work don nung sept.4 2009 hanngang october 16 2010…dumaitng und dec 2009 hindi nila ako binigyan ng 13th month…tapos ngayong dec wala nanaman…kailangan ko pa ba silang ireklamo?diba meron naman akong makukuhang 13th month…nag isang taon mahigit naman ako sa kanila eh kaya dapat meron akong 13th month pay.maraming salamat po sa oras at have a merry christmas to you and your family!Gob Bless!

    [Reply]

  83. hi. im a preschool teacher in a private school. yearly we renew our contract. our contract starts from May to March every school year. and i also teach during May for summer. how do I compute for my 13th month pay?
    should it be only good for 10 months?

    thanks i hope you could help me :)
    merry Christmas!

    [Reply]

  84. Hi! My monthly salary is 18,000.00 and ive been working with the company for 10.5 months (February 15,2010) but i only received 9,000.00 for my 13th month. when i asked the HR personel who computed it she said its “PRO-Rated” (meaning?) and she also said its deductible by number of absences for the whole year. (is this legal?) i find it strange that i only get half of my monthly rate. will appreciate your immediate response. Thank you!

    [Reply]

  85. kyle mindaros Comment:
    December 28th, 2010 at 08:50 pm

    Casual employee po ako sa isang mall sa Urdaneta City Pangasinan nagstart po ako nung March 16,2010 tapos naglapse po ako nung August 31,2010 at hanggang ngayon diko pa nakukuha yong 13th month pay at cashbond ko hanggang ngayon di pa pinipirmahan ng rrj & mr.lee coordinator kong si mrs.donna ventiro hinohold po niya matagal ko na pong inaantay na pirmahan niya yong clearance ko sa cashbond..Hanggang Kailan po ba talaga makukuha ang 13th month pay at cashbond kasi po masyado na pong matagal?tinitext ko po siya pero hindi po siya sumasagot sa mga tawag at text ko samantalang yong kasama ko po dati na nagwowork pa dun nakuha niya na po.Sana mareplayan niyo po agad. Maraming Salamat po..God bless & Happy New Year!….

    [Reply]

  86. jimo dela cruz Comment:
    December 28th, 2010 at 09:05 pm

    Hi..Dati po akong casual employee ng isang mall dito sa urdaneta city pangasinan.hawak po kami ng agency(hrsi)hired po last marh 16,2010 at naglapse po ako nung august 31 2010.pinagclearance po ako para sa cash bond ko.pero hanggang ngayon po hindi ko pa apo nakukuha yong cashbond ko (P2,000.00)hindi ko pa daw pwedeng makuha dahil hindi pa po pinipirmahan ng coordinator ng company ko(rrj,mr.lee)si miss donna ventiro yong clearance ko..entitled din po ako sa 13th month pay,pero kasama ng cash bond ko hinohold din po ni miss donna. four months na ako mula nung naglapse,inaalam pa daw po hanggang ngayon kung may losses po ako nung time na employed ako..dapat po ba na abutin ng ganito po katagal bago ko malaman yong resulta about sa losses?dapat din po ba na pati yong 13th month pay ko isama sa ihohold?sana matulungan niyo po ako..Thank you and Godbless po..Happy New Year!!

    [Reply]

  87. hello,

    Home-based online job po ang work ko, ang employer ko is from USA, entitle po ba ako na makarecieve ng 13th month pay?

    [Reply]

  88. sir, good day..just want to ask po..we are job order instructors po on a certain state university here in mindanao, are we entitled to 13th month pay?sabi po kasi ng administration namin, bonus lang daw po..and the bonus will depend if the university has a savings..last december 2010 po, we did not received any 13th month pay or bonus..and with regards to the employment status, marami po kaming kasamang job order na matagal na po sa institution..yung iba more than 10 years na..the administration says that di daw po sila maregular kasi they lack requirement para maging regular (e.g. master’s degree)..tenk u po..

    [Reply]

  89. just an innocent’s question: Will tardiness and leaves without pay deductible for 13th month pay computations? I understand clearly that overtime pay is not allowed but I think it will be unfair to deduct tardiness and leave without pay, I just could not find a better basis for explanation to my boss. Thanks in advance for any help in my finding the correct legal/jurisprudential basis.

    [Reply]

  90. joan hilaga Comment:
    January 8th, 2011 at 11:03 am

    gud morning po?gaano po dapat katagal ibigay ang 13h month pay kung end of contract na at hindi umabot ng dec.ang contract??kasi po hanggang ngayon di prin nabibigay ng agency 13th month ko.almost 1 and a half year na po..pls.responce thank you..

    [Reply]

    Ted Ferrolino Reply:

    It should have been paid at the time of your separation, together with your last pay, separation pay, if applicable, unused SIL conversion, etc. It’s long overdue.

    [Reply]

  91. Hi sir, how about those who are hired as “consultants”? Are they entitled to 13th month pay and separation pay as well? Thanks

    [Reply]

    Ted Ferrolino Reply:

    Whether a “consultant” is entitled to the benefit would depend on whether he is an employee or not. Employee’s entitlement to 13th month pay presupposes the existence of employer-employee relationship.

    The term “consultant” itself does not conclusively determine the existence, or lack, of employment relationship. It has to be decided based on each individual case. You have to take into consideration the consultancy agreement/contract, nature of work, place of work, degree of management control, payment of consultancy fee/salary, etc.

    See also Vic’s comment below.

    [Reply]

  92. Hi melai,
    We are in the same category, as I am also a consultant. But I think the 13th Month Pay Law covers only those who have employer-employee relationship. In my opinion, we are considered self-employed individuals. In BIR, we pay business taxes (percentage tax or VAT). But anyway, if your company is giving 13th Month Pay to consultants, as their usual practice, maybe you are entitled. Just my opinion.

    [Reply]

  93. Levie Baltazar Comment:
    February 25th, 2011 at 11:59 am

    Hi Sir, my husband work for a company for more than five years then by october 2010 he resigned because he need to work abroad. according to labor law he his still entitled to the 13th month pay so his company requested him to leave an authorization letter stating that as his wife he authorize me to claim his pay but until now i haven’t receive anything. i always called up the office but they told me that the authorization letter is still waiting for approval if i am authorize to claim. my question is am i not authorize to get the 13th month of my husband for the reason that he is not here in the philippines? do the company need to wait for my husband to get back home before they release the money? is this kind of situation really takes long time before the company give what is really meant for us? please help us. thank you

    [Reply]

  94. would like to know if how to compute the 13th month pay for employees working on a 4-2 schedule,

    4-2 working schedule — an employee works in a 4-day straight and then a 2-day rest…

    where in a normal working schedule — an employee works in a 6-day straight and then 1-day rest…

    do they have same divisor in computng the 13-month pay? even the 4-2 working schedule have lesser worked days?

    [Reply]

  95. Good Day to you,
    I am a contractual employee and i filed in a resignation
    w/ a 30days notice. but i did not finish the 30days period. They told me that they will hold my 13th month pay. is this right? the company told me that there is nothing wrong about it, and they are not abiding the law. thank you and hoping for your legal advice.

    [Reply]

    Ted Ferrolino Reply:

    It is illegal. Your employer cannot hold your 13th month pay even if you failed to finish the 30-day period.

    [Reply]

  96. Dear Mr. Ted Ferrolino,

    Good Day!

    May tanong lang ako regarding, absences sa pagkaltas nito sa sweldo? Ang company namin ay “di” nag deduct ng absences sa loob ng isang taon year 2009-2010. Ngayon March 2011, ay biglang i-dededuct na daw ang lahat ng sobrang absences… Parang mabigat ito sa empleyado. Tanong lang connectado rin ito sa 13th month last year? Ibig sahibin deduct din. Ano po ba ang tama sa pagdeduct sa sweldo? O ano po ba ang tamang action sa ganitong sitwasyon?

    [Reply]

  97. Dear Mr. Ted Ferrolino,
    Good Day!
    In behalf of my officemate,i would like to ask if she can still claim her 13th month fee last year 2008..
    she resigned last August 2008 and getback or rehired last December 2008 but then unfortunately she wasn’t been able to receive or get her 13thmonth on the year 2008..now, since last year 2010 she’s been telling and claiming her 13th month fee from the Management but then the Management feedback to her that she cannot get or claim her 13th month fee(last 2008) anymore because according to them its too late and it was long ago…we are hoping for your feedback Please advice us so that she will know what exactly she will do..Thank you and God bless..

    [Reply]

  98. civil_service Comment:
    March 21st, 2011 at 03:53 pm

    I failed to apply for a leave for my 1 day sick leave last March 8. in our office (government office), a personnel is given only 3 days within which to file a sick leave from the date of absence. our HR told me that I am not entitled to receive mid year bonus this May, but instead the amount will be carried over in November 13th month. The reason is that I failed to complete the 4-month requirement (with cut off date on April 30)

    please enlighten me on this..thanks so much.

    [Reply]

  99. hello sir,
    just want to ask if i’m entitled for any separation pay or 13th month pay from my Japanese employer as his personal driver. i’m working with him for 1 year already, we don’t have any contract.
    hope you can help me.

    many thanks!

    [Reply]

  100. Good day,

    question lang po. I am a regular employee sa private company with a monthly salary of 12k. Nagkaron po ako ng suspension for 10 days. tama po ba na binawas ng HR namen sa 13th month pay ko ung suspension ko kahit nabawas na sa basic salary ko nung time na suspended ako?? Pls help. thanks!

    [Reply]

  101. ask ko lang po,,i was on sick leave since the start of the year coz i have to be on bed rest because i had pre mature labor i was advised by my doctor to stay in bed till the time for my delivery, then i had my maternity leave jan 26 till march 26…

    I am a school teacher in a private school, our class ended end of march. but we are required to report april 1 to 15 to comply with the 40hrs requirement.we are entitles to a paid vacation april 16 to may 15.but i did not report april 1 to 15..i started to report may 15…i only received 500pesos when they gave half of the 13th month pay…is it the correct computation?

    [Reply]

  102. Good day! I’m currently working as a Part-Time ESL Teacher in a Korean company. Part-timers in the company are hourly-paid. Are we entitled to receive the 13th month pay? I’ve been there for 1 year and 4 months to be exact, and they didn’t give me the benefit last December (2010). Really need help. A response will be very much appreciated. Thank you.

    [Reply]

  103. just want to ask sir, i worked as a FULL TIME contractual employee from January-May with basic pay.. Now, by June i’ll go back to PART TIME with an hourly pay.. how’s the computation for the 13th month? and Is it legal for a company to give the salary later (2days) than the payday? your response is very much appreciated! thanks!

    [Reply]

  104. Sir Ted is this computation legal??

    The mid-year 13th month salary will cover the first 9 pay periods of the calendar year. Please see below computation:

    Monthly Paid Employees (Support Group, Managers, etc.)

    Summation of Basic Pay

    (as shown in the payslip from January 20 up to May 20 payrolls)

    Add:
    Salary Adjustments

    (payslip code: UNPAID PREV SALARY, SALARY ADJUSTMENT)

    Add:
    Summation of Addback

    Less: (LEGAL po ba ito sir Ted????)
    Summation of Absences, Tardiness, and Undertime

    Divided by:
    12 months

    [Reply]

  105. ask ko lang po yong 13th month namin ay na offset sa aming campany cash advance, without any notice from our management nalaman na lang po namin na wala na kaming 13th month offsetted na. Pwede po ba naming i-file ng case ang aming company. wala naman po sa aming agreement itong ganitong sitwasyon. Ty po

    [Reply]

  106. i’m in a managerial position here in our office we are getting 15k monthly. our HR told us that our company’s lawyer wrote a memo noted by our CEO that all of in managerial position will not get their 13th month pay and only those in rank and file category but they gave our 13th month last year. are we in position to protest?

    please i really need your advice… thank you

    [Reply]

  107. what if the employer holds the 13th month pay, claiming that the employee did not endorsed properly but she did. until when should the employer hold the 13th month, is it legal? thank you

    [Reply]

  108. Mercedes A. Olango Comment:
    June 8th, 2011 at 05:04 pm

    In previous years our 13th month pay was paid in December. Last year the Company decided to pay it in our bi-monthly payroll which made everybody happy. This year we are informed that SSS payroll review found that the Company was found to have underpaid contributions equivalent to the premium on the 13th Month Pay. Since employee share is 1/3 of total SSS contribution, this will be deducted from us. Comment please.

    [Reply]

    Ted Ferrolino Reply:

    Your company’s decision to include your 13th month pay in your bi-monthly pay is most likely the cause of the problem.

    Remember, the law mandates that 13th month pay should be paid once a year, i.e., before December 24 of the year, or bi-annually, i.e., one-half at the start of school year and the other half on or before December 24 of the year.

    The law does not allow payment of 13th month pay bi-monthly. Although the law says that it may be paid more frequently, or more than twice a year, by agreement (only applies to organized establishment with recognized union or CBU), it should not, at least, be paid as frequently as bi-monthly. Doing so defeats one of the objectives of the law, which is to allow the working masses to properly celebrate Christmas and New Year. Also, as what is happening now, it could potentially lead to a host of other problems in the future.

    [Reply]

  109. Mercedes A. Olango Comment:
    June 8th, 2011 at 06:13 pm

    Dear Mr Ferolino,
    I imagine this case to be the first of its kind you encountered?
    I imagine that all 13th month pays are received in full, without any deduction for government share. Even the BIR exempts this from income taxes.
    When PD 851 came out in December 1975, it provided that employers who are already paying their employees a 13th month pay or its equivalent are not covered by the Decree.
    I imagine you to be old enough to have worked before 1975? You would then know that there was no 13th month before 1975. Rather, they were called Xmas bonuses. But with the advent of PD 851 the voluntary Xmas bonus was by necessity converted by employers to 13th month pay.
    Actually, I am already paying the maximum SSS contribution so I am not affected. I am asking help for our minimum wage earners who will be adversely affected by the impending deduction should the SSS pursue this policy.
    SOS!

    [Reply]

  110. george aitken Comment:
    June 11th, 2011 at 02:27 pm

    l have personel driver week to week basis
    do l need to pay separation pay

    [Reply]

    Ted Ferrolino Reply:

    If you are terminating the services of your personal driver (family or domestic driver) before the expiration of his contract, he is entitled to be paid the compensation already earned plus that of 15 days by way of indemnity.

    [Reply]

  111. daphnestamaria Comment:
    June 16th, 2011 at 12:46 pm

    my friend employed for 4 years in security agency, she filed a maternity leave for january 2011 to June 2011..inapprovahan nmn ng President ng Company..khapon ngreport na siya sa Company.. may pumalit na daw sa knyang position, snabhan niya ang Vice president kung tanggal na daw siya sabi nmn ng VP na hindi nmn daw pero my pagbabago lng at paguusapan daw ng board ukol dito…at ang sabi ng company (Board) ang haba daw ng leave kaya siya pinalitan at ngbago daw ang President ng ng leave siya.. at kung saka sakali na tanggalin siya hindi daw siya entitled sa separation pay dahil 4 years lng siya..tama po yan na papalitan ka ng company without memo or notice?thanks po sir

    [Reply]

  112. liezle ann villanueva Comment:
    June 17th, 2011 at 03:29 pm

    sir what if i’m hired as a piece rate basis, am i entitled for 13th pay, holiday pay and wage increase? tnx

    [Reply]

  113. hi, my husband and i resigned from a small bpo company last april 2011. last year, december 31, 2010 our company gave us half of our 13th month pay. is that legal considering that they failed to give it before dec. 24. the management promised to give the other half of last year’s 13th month pay last april 2011. my husband and i are no longer connected to the company and we still haven’t received the half payment of last year and our 13th month pay this year. the company is now ignoring our please to the management. if we file a case, is there a huge chance of success. by the way, the company does not offer sss and philhealth benefits.

    [Reply]

  114. hello,
    nasasaad po ba sa labor code kung ilang oras ang teaching hours per day?
    meron po kc ako kilalang teacher at nag sabi na nakasaad daw po sa labor code na (Six)6-hours lang daw po sa isang araw, ang teaching hours or load ng isang public or private schools?
    ang pagkakaalam ko po (eight)8hours per day di po ba?

    maraming salamat.

    [Reply]

  115. Corrine Sugue Comment:
    July 5th, 2011 at 04:48 pm

    Thank you for these post regarding the 13th Month Pay Law in the Philippines. I have been wondering how this law goes and how it is being computed.

    [Reply]

  116. Sir,
    I am a group fitness instructor (aerobics instructor)for one of the biggest fitness chain in the country. I am paid on a per class basis. (ex. 400 per class)

    I have been teaching for our company more than 7 years. At present i have 10 regular classes per week but i was teaching more than this before.

    I would like to know if i am entitled to 13th month pay? I, as well as all the other group exercise instructors, have never been given this benefit. If we are entitled to 13th month pay, it our company required to give us the 13th month pay for all the year that they did not pay the 13th month?

    Please let me know.

    maraming salamat po

    [Reply]

  117. There are so-called “monthly rate employee” and “daily rate employee”. Questions: What is/are the difference between the two? in terms of 13th month pay computation, are absences and tardiness deductible from the basic pay of “monthly rate employee” to arrive at the basis of 13th month pay computation? thanks

    [Reply]

  118. Good day po. Gusto ko lang po itanong, halimbawa hindi nakapag-claim ng 13th mo. pay ang empleyado during previous year. example, year 2010..pwde nya pa po ba maclaim ngayong 2011? ang dahilan kaya hindi sya nakapagclaim ay hindi sya nakapag-ayos ng clearance for end of project..or hindi na sya ngreport sa opisina. sana matugunan nyo po ang tanong ko. Thank you so much and God bless.

    [Reply]

    Ted Ferrolino Reply:

    Yes. Hindi naman pwedeng i-forfeit ng employer ang 13th month pay ng empleyado dahil lang sa mga reasons na nabanggit mo.

    [Reply]

  119. good pm po. teacher po ako dito sa de la salle montessori… (Admin: part of text hidden). ask ko lang po kung ano po yung penalty ng employer ko na nagpapasahod ng 6000 sa mga di LET passer at 6500 sa mga LET passer. ang sahod ko ay 6490 na dahil ang sabi sa kin ng admin ay kinarga na raw yung 13th mo pay sa sahod namin tapos yung sumasahod ng 6500 nagiging 7025 dahil sa ganun ding dahilan. four years na po sila nag ooperate pero hanggang ngayon wala pa rin silang binibigay na benefits tulad ng sss, philhealth at pag-ibig eh di po ba mandatory ang mga ito lalo na ang 13th month pay. sa tutorial naman 2500 ang singil nila pero ang napupunta sa mga teachers na nagtututor ay 1000k na lang dahil daw gumagamit ng kuryente at facility eh sa loob nmn ng office ng principal lahat nagtututor at andun ang principal. wala din po kaming mga leave with pay, ang mga uniform nmin bbayaran pa nmin, ang liit liit na nga ng sahod nmin. no work no pay at higit sa lahat khit suspended ang klase dhil sa bagyo may pasok pa rin kming mga faculty members. eh di po ba ang mga teachers pag walang students wala din din dapat pasok maliban lang kung nasa admin sila. imention ko na po ang name ng school na ito kc sobra na ang ginagawang injustice sa amin.sana po masilip itong school na ang taas ng tuition fee almost 45k po yata. lahat po kaming teachers ay gusto na magresign. wala din pong binigay na kontrata sa min basta basta na lang kmi hinire at ang sahuran po namin ay nadelay kya ang ginawa po nila ay kada 20th at 5th ang sahuran…grabe na po talaga. naawa lang po kmi sa mga bata kya nag sstay pa kmi until march. patapusin lang namin itong school year. salamat po.

    [Reply]

    Ted Ferrolino Reply:

    You can report your school’s violation to the Secretary of Education, who has the power to investigate any violation of the rules and regulations affecting school personnels in private schools (e.g., nonpayment of salaries and benefits), as well as to enforce compliance with said rules and regulations.
    Deped may also impose appropriate sanctions to private schools for any violation of the rules and regulations of the department, such as suspension/revocation of the permit or recognition to operate the school, among other sanctions.

    (Note: It is our site policy to hide the complete name of the employer. Thank you for understanding.)

    [Reply]

  120. hi, i would like to ask if it is legal that instead of the employer paying our SSS, Philhealth and Pag-ibig benefit they increased our salary instead to higher than minimum. I am somewhat under the impression that this is illegal. thank you

    [Reply]

    Ted Ferrolino Reply:

    It is absolutely illegal. Employers are required to report their employees to SSS, Philhealth, and Pag-ibig Fund for coverage. This is important because the employer is required to pay the greater portion of the employee’s contribution (the remainder is deductible from the salary of the employee). Remember that part of the employee’s contribution should be shouldered by the employer. He/she cannot legally evade this obligation just by increasing your salary.

    [Reply]

  121. Kurt Torres Comment:
    August 8th, 2011 at 01:54 pm

    Sir:

    Good Day!!!

    Isa po ako sa mga Job Order (JO) personnel na nagtratrabaho sa isang DEPARTAMENTO ng ating GOBYERNO. Ang tanung ko po ay tungkol sa WITHHOLDING TAXES withheld to the JOs personnel. I was noticed that the taxes withheld for JOs was the same with the regular employees. Ganun po ba talaga ang rulings nito? Wala po kaming narereceived na anumang BENEFITS except for the SALARY less TAX. Dapat po ba na pareho ang taxes na withheld samen? parang d naman po ata tama ung ganun. Thanks Sir and More Power!!!

    [Reply]

    Ted Ferrolino Reply:

    Kung pareha po ang inyong salary o taxable income sa regular employee, pareha din ang withheld taxes ninyo. Ang ibang benepisyo po kasi tulad ng de minimis benefits, o iba pang natatanggap ng empleyado sa gobyerno tulad ng RATA (Representation and Transportation Allowance), ay hindi subject to tax kaya wala ring withholding tax ito.

    [Reply]

  122. Hi po :)
    my question po kasi aq regarding on my status ..
    im working in a korean company since nag start aq pumasok wala po akong pinirmahan na kontrata dahilan po nila wala pa nman daw pong operation ung comapanyPumayag nman po aq ..
    Sabi niula for 3 months training daw po muna ako .. Nag start ung salary ko ng 6 thousand monthly sobrang baba nga po pero pumayag na din aq multi tasking aq pati accounting akin .. After nung 3 months tinaas nila ung sweldo ko ng 8500 monthly 1 year na po aq sa kanila last august 4 2011, last year hindi sila nag bigay ng 13 month pay sa akin ngayon po nag reresign na po ako effectivity ng resignation ko hangang sept 5. 2011 ang problema hindi po yata aq mabibigyan ng 13th month pay tama pa ba iyon ? Ang katwiran nila wala nman daw po akong kontratang pinirmahan please help me po.

    [Reply]

    Ted Ferrolino Reply:

    Mali ang employer mo. Hindi kailangan ang kontrata para mabigyan ka ng 13th month pay o iba pang benepisyo, lalo na kung ang benepisyong ito ay legally mandated tulad ng 13th month pay.

    [Reply]

  123. Hi Ted,

    Kindly help me if i will still expect my 13th month pay.
    I resigned last August 15, 2011 effective by the end of August 2011 15 days notice.

    Your immediate response would be highly appreciated.

    [Reply]

  124. gud pm,sir!!
    i just wana ask if i could file a complaint against my driver hu filed a case for my grandfather hu was his landlord/employee at that tym for not giving him his SSS.he was just a helping in the printing press if i do not need to go out,so,he was not rily hired as an employer in a printing press but as an on-call family driver.now,my question s,is he entitled to rily claim his SSS, 13th month pay and other benefits from my grandfather?should i counterfile a complaint against him?..wat case should I file,n case?..pls.reply..thank you!

    [Reply]

  125. gud pm sir,

    currently i am working in a private company. we have branch somewhere in visayas but because of employees poor performance, our main office decided to close the branch. our main office shouldered the whole expenses for six months. obviously, the branch office did not make any profit at all. there were only 5 employees under agency. they were hired for 1 month, 2 months then 3 months. there end contract will be on oct. 31, 2011 but the office will closed on sep 15, 2011. my question is, does the company still need to pay them until there contract ends? despite we loss a big amount for there expenses and we are only a small company people. d 4 branch employees are sales agents that did not even make a sales for 5 months. it was like our company was just there milking cow. please answer my question….
    thanks in advance….

    [Reply]

  126. Hi,

    Need to understand if employees join us in month of december, what will be the amount of the 13th month statutory pay…also will they be eligible for the same?

    thanks
    Neeru Mehta

    [Reply]

  127. i was a regular employee in my previous company since january of this year. i just resigned recently (18th of aug, because of better offer). then aside from my 3 days of work since 15th, i was expecting for my 13th month for about 7.5 months. when i asked my previous employer about this matter, i was told that i’m not entitled to such thing because i didn’t made it until december. even after explaining about the labor code, they made me feel that it would be far fetched to get what i demand as legal. considering that i’m currently working already in a new company with a lot of overtimes, i don’t have the luxury to take care of this matter. although i have plans in the very near future to bring this case to nlrc one of my friends suggested to me that he had a similar case like mine and when he asked for help and guidance from nlrc, the public attorney from nlrc, discouraged him to continue with the case as it would be very time consuming and the money claim could be cheaper compared to all the time and expenses that he’s about to go through if he decides to go on with it. after hearing this, i’m quite confused on whether i’d pursue myself on getting what is rightfully mine under the law. how could i have faith in the philippine laws if the representatives themselves are disseminating to it’s citizen to just move on and not pursue justice?

    anyway, i’m just airing my disappointment which i’m having a wishful thinking of changing someday

    [Reply]

  128. I filed my resignation last July 4, 2011, and it was effective December 31, 2011.Our office release 13th mo pay every 3rd week of November.I just to inquire if Im still entitle to receive my 13th mo pay? if it will not be hold until I have clear from my all accountabilities.

    [Reply]

  129. Hello TeD,

    Are there legal basis (Jurisprudence) of a case scenaio where a Foreign Co. License to operate as an ROHQ will not pay 13th mo pay to its Managers/Dept Head and paid 1 Supervisior her/his 13th mo pay?

    Will this be a case of descrimination? Under the PD851 and Memo Order No. 28, states only rank am file which we legally adhere however, with an excpetion of one supervisor which where given the 13th mo benifit upon the advice of one of the SR VP in mother company abroad…

    Please advice… If we have legal basis on this… to force the management to pay also the managers/dept heads.

    Thanks,

    [Reply]

  130. Hi! i just want to ask kung makakatanggap ako ng 13 month pay kahit hindi ako maregular? Thanks! last June 6, 2011 po ako nagstart sa trabaho. Thanks!

    [Reply]

  131. Just want to know if I am entitled for 13th month pay since after my maternity leave I was not able to go back to my work instead I have filed my resignation. For calendar year 2011, I have worked from Jan 1 to April 27 and filed from Maternity leave from April 28 – July 11 since I had undergone ceasarean operation.I have filed my resignation last July 8 with an effective date of July 11.I did not follow our company’s rule for resignation which should be 2 weeks notification prior to last day of work.Am I still entitled for 13th month pay if I made this violation?In case yes, how much should I receive from the company?Thanks

    [Reply]

  132. hi po.
    my matatanggap po bang 13th month pay qng tinanggal ng company september 24, 2011?

    [Reply]

  133. Hi! Driver po ang asawa ko sa isang kumpanya,wala po syang pinirmahang contrata. Pmasok po sya april,2008 until may,2011. sumasahod po siya per trip 300,madalas 2 trips po per day,kailangan po nasa kumpaanya na siya ng 6 am pero walang oras ang uwi.may ruta po ang kada byahe nya ibig sabihin may kailangan unahin na customer, may byahe po na higit sa 5 customer ang dedeliberan nya pero 1 trip lang po ito, kaya kailangan makabalik po siya agad para makabyahe ulit pero kadalasan pagbalik nya kailangan maghintay pa siya kung pababyahihin pa sya o hindi na, may oras po ang pasok nya pero walang oras ang uwi.pnapapasok din po sya kahit coding pag maraming byahe kaya inaabutan sya ng coding sa customer dahilan para masayang ang kanyang oras doon,isa po ba syang FIELD PERSONNEL, dapat na po ba syang maregular sa trabaho, legal po ba ang contract of employment na hindi NYA pirmado at walang notario, legal po ba na wala syang PAY SLIP pero pumipirma sya sa payroll, tama po ba na may TIME IN card pero walang TIME OUT? Marami pong salamat.

    [Reply]

  134. Hi! Driver po ang asawa ko sa isang kumpanya,wala po syang pinirmahang contrata. Pmasok po sya april,2008 until may,2011. sumasahod po siya per trip 300,madalas 2 trips po per day,kailangan po nasa kumpaanya na siya ng 6 am pero walang oras ang uwi.may ruta po ang kada byahe nya ibig sabihin may kailangan unahin na customer, may byahe po na higit sa 5 customer ang dedeliberan nya pero 1 trip lang po ito, kaya kailangan makabalik po siya agad para makabyahe ulit pero kadalasan pagbalik nya kailangan maghintay pa siya kung pababyahihin pa sya o hindi na, may oras po ang pasok nya pero walang oras ang uwi.pnapapasok din po sya kahit coding pag maraming byahe kaya inaabutan sya ng coding sa customer dahilan para masayang ang kanyang oras doon,isa po ba syang FIELD PERSONNEL, dapat na po ba syang maregular sa trabaho, legal po ba ang contract of employment na hindi NYA pirmado at walang notario, legal po ba na wala syang PAY SLIP pero pumipirma sya sa payroll, tama po ba na may TIME IN card pero walang TIME OUT? Marami pong salamat.
    [Reply]

    [Reply]

  135. evelyn Comment:
    September 26th, 2011 at 04:13 pm

    Your comment is awaiting moderation.
    Hi! Driver po ang asawa ko sa isang kumpanya,wala po syang pinirmahang contrata. Pmasok po sya april,2008 until may,2011. sumasahod po siya per trip 300,madalas 2 trips po per day,kailangan po nasa kumpaanya na siya ng 6 am pero walang oras ang uwi.may ruta po ang kada byahe nya ibig sabihin may kailangan unahin na customer, may byahe po na higit sa 5 customer ang dedeliberan nya pero 1 trip lang po ito, kaya kailangan makabalik po siya agad para makabyahe ulit pero kadalasan pagbalik nya kailangan maghintay pa siya kung pababyahihin pa sya o hindi na, may oras po ang pasok nya pero walang oras ang uwi.pnapapasok din po sya kahit coding pag maraming byahe kaya inaabutan sya ng coding sa customer dahilan para masayang ang kanyang oras doon,isa po ba syang FIELD PERSONNEL, dapat na po ba syang maregular sa trabaho, legal po ba ang contract of employment na hindi NYA pirmado at walang notario, legal po ba na wala syang PAY SLIP pero pumipirma sya sa payroll, tama po ba na may TIME IN card pero walang TIME OUT? Marami pong salamat.
    [Reply]

    [Reply]

  136. Hi! Ask ko lng meron kc kmi employee who terminated last Sept. 19 this year. Pano ung computation ng 13th month nya if Nagstart sya ng Jan 10, 2010 as contracual and naregular sya ng Sept. 01? Ung computation start ng Regularization nya or as ung contractual? many thanks.

    [Reply]

    Ted Ferrolino Reply:

    Kung continuous ang service, at walang interruption, ang 13th month pay ay dapat i-compute mula January 10, 2010. Wala naman kasing distinction between regular and contractual employee kung 13th month pay ang pag-uusapan. Pareho lang sila entitled sa 13th month pay.

    [Reply]

  137. I am a government employee, i am planning to resign this October 2011..how is my 13-month pay computed…?if i dont get my 13-month pay,do i have the right to sue?..Thank you

    [Reply]

  138. Ang job order personnel sa government agencies ay hindi nakaka receive ng 13th month pay kasi nakalagay sa contract/MOA na walang employer-employee relationship. Tama po ba na ganun ang treatment kahit every 6months naman ang renewal ng contract? Salamat

    [Reply]

  139. good day,
    I am terminated employee, i would like to ask if i can avail a 13th month pay serving at least 2 months and 10 days in the company? Please response. Thank you

    [Reply]

  140. Good day..

    Tatanong ko lang po..I’m planning to resign po kasi this month..Makukuha ko parin ba benefits q ksma ng backpay? ksma po xe ng benefits nmn is 13th and 14th month pati bonus..tnx po

    [Reply]

  141. monet pastrana Comment:
    October 8th, 2011 at 03:29 pm

    Hi Im monet, just want to ask if my co-employee work for almost 2 yrs. is entitle for 13th month pay even if she she terminated due to insubordination?

    thank you.

    [Reply]

  142. Hi! I would like to ask how much would be my 13th month pay after resigning from my position last Sept 20, 2011? I was hired March 2009, and my latest basic salary is 19K. Will a 13th month pay be included in my last pay cheque?
    Thank you in advance.

    [Reply]

  143. romar de padua Comment:
    October 13th, 2011 at 09:10 pm

    in the company that i work with, they gave their employees quarterly incentive bonus,but whenever we were given memorandum due to the offenses we made it was deducted. one memorandum is equal to 300 pesos. our company violates its own code of ethics by these deductions that instead of supensions 300 pesos will be deducted to our incentive bonus. these deductions will be gathered and distributed to all regular employees at the end of the year…my question is IS MY COMPANY ON THE RIGHT TRACK IN GIVING ITS EMPLOYEES DISCIPLINE?

    [Reply]

  144. grace/banker Comment:
    October 17th, 2011 at 08:37 am

    sir,i joined this bank last 6/13/11 on a night shift schedule and was advised by my doctor to look for a “normal” work schedule due to uncontrolled dm2.iam filing for an immediate resignation due to this, my employer told me i wont get any benefits even my unclaimed salary and 13th month pay since i wont render 30-day notice. i think its so unfair, is this legal?thanks

    [Reply]

  145. hi good morning, I am currently employed, i just want to ask, if you will deduct absent on 13th month pay?because my company does that way in computing 13th month..

    [Reply]

  146. Gud pm sir,
    I just want to know, how to compute the 13th month pay?
    I work as artist in the printing press and our pay day is every week, is that true that when the pay day is every week,we will received only a half of our 13th month pay?
    last year my total earned is 54,000 but when i received my 13th month only 4,500.00 is that correct for the computation?

    [Reply]

  147. raymund advincula Comment:
    October 24th, 2011 at 03:36 pm

    we initially entered the company trough their traineeship program which lasted 6 months from april-september, we don’t know what happened but instead of becoming probationary employees after the training we were instead transferred to an internship program which would last for 3 months from october-december.
    is this a ploy to be rid of our 13th month pay or is there a legal basis for?

    –> thanks for answering

    [Reply]

  148. hi, i would like to ask if i should get my 13th month pay this year(before December 24) even if i already resigned last July. we keep on calling the HR regarding our backpay but she says that we’ll get our backpays next year including the 13th month pay. but she is not sure when exactly we’ll get it. can i demand that i get my 13th month this year and not next year?…thanks!

    [Reply]

  149. i am previously emloyed in a certain agency in ortigas last 2007-of november til march 0f 2008, i didnt noticed to claim my 13th month pay and cashbond that was being deducted evry cutoff. Than my supervisor before told me that i have something to claim in regards to that.. However the agency still pending my 13th month and cash bond and they keep on telling me to call them by next week and so on and on.. until now i didnt received any of it. how long will it takes to process that. how long is the right time for me to get it! please reply thanks

    [Reply]

  150. hi,

    I was employed in the company last March 2011, Am I entitled to SLVL for the year-end?

    Thanks

    [Reply]

  151. Can an employer give the 13th month pay i this installment procedure?

    1st pay – Nov 30
    2nd pay – Dec 15th
    3rd pay – Dec 30th

    The last pay to complete the 13th month pay will be beyond Dec 24th. Is this allowed by law?

    Hope to hear your reply.

    [Reply]

    Ted Ferrolino Reply:

    The law is clear the 13th month pay should be paid not later than December 24. So it is clear that payment beyond that date is not allowed.

    The frequency of payment, though, may be subject of agreement between the employer and employee’s collective bargaining agent.

    [Reply]

    Russell Reply:

    Thank you so much for your reply. It makes sense po talaga yung sinagot nio sa akin.I have a follow up question po regarding our 13th month pay. Ang coverage po ng 13th month pay computation namin ay until Nov lang per they’ll still divide it by 12. Then, a proportionate 13th month for the month of December will be distributed at the end of the month of December (30th). Their reason of implementing this daw po ay para sa mga magreresign right after makuha ang 13th month pay. Ang sa akin lang naman po ay hindi lahat ng empleyado ay magreresign right after makuha ang 13th month pay. And besides, what I know is that there is a separate computation of for final pay of resigned employees. Tama po ba? Is there a way of us countering this? Kasi po, parang hindi naman po fair sa mga empleyado ang mga reason nila to pay out the 13th month pay in such a manner. Hope to hear from you again about this matter. Thank you.

    [Reply]

  152. I passed my resignation last November 24 with an effectivity date of December 24. I am just wondering if my 13th month will be part of my back pay/separation pay already or will I be receiving this before the effectivity of my resignation?

    [Reply]

  153. hello po! ask ko lang po kung kelan ko po makukuha ung 13th month pay ko kung nagresign ako ng oct 19, 2011? nagleave po ako ng 78 days.. maternity leave po before ako magresign.. included po ba un sa computation ng 13th month ko?

    [Reply]

    Ted Ferrolino Reply:

    Maternity leave benefit is not included in the computation of 13th month pay.

    [Reply]

  154. greetings sir!

    I would just like to know if summer pay from summer classes should be included in the basic salary and in the computation of 13th month pay since there is no fixed amount received by each teacher concerned and the salaries received are already net of summer expenses. thank you so much! please enlighten us on this matter.thanks again.
    tc

    [Reply]

    Ted Ferrolino Reply:

    You failed to describe the nature or composition of that “summer pay”, so it’s hard to tell. Anyway,there must be a basic salary portion of that “summer pay” which should be included in the computation of 13th month pay.

    [Reply]

  155. dear sir,

    This is regarding my friend who worked under an agency for a contract of 1 year. He started August 1, 2010 and last work day august 1, 2011. Last year he received according to him a 13th month pay estimated P5,000.

    As of today, November 2011, He haven’t received his last pay from the agency. One of his co-worker with same contract already received his last pay but only received lower than expected amount.

    Our question is are they still covered to receive a 13th month pay from their work from jan – aug 2011? I asked him if they were given a summary of computation of their last pay but he said they might not give them any. Is it rightful to ask for the computation? What shall we expect from the last pay? the 15 day “pondo”, 13th month pay? how should the computation be?

    I have a lot of question marks, my inquiry is a pain in the eye.. but i hope you’ll be able to help us.. I’m afraid there will be a lot more minimum waged contractual workers under that agency that might suffer inexplainable, unacceptable treatment.

    Regards,

    Cecil

    [Reply]

    Ted Ferrolino Reply:

    1. Yes, they are still entitled to receive their 13th month pay from January to August 2011. The computation shall be based on the total basic salary received during the year up to their termination.
    2. Certainly, you have the right to know how your last pay is computed. If you don’t agree with the computation, you may question it. If they don’t pay what is due to you, you may file a money claim for the balance.
    3. Normally, last pay includes the last salary of the employee, his proportionate 13th month pay, unused sick leave conversion, and all other unpaid monetary benefits/allowances. If the termination is based on authorized causes such as redundancy, you should also get separation pay in addition to that.

    [Reply]

  156. Hello i just want to ask my situation, i started working this july 11, 2011 as public teacher in one of the public schools here in our place…they said i am not entitled for the bonus, 13th month pay, only cash gift worth 2,ooo…is that true? tnx

    [Reply]

    Ted Ferrolino Reply:

    To be entitled to your full year-end bonus and cash gift (technically, it is not called 13th month pay), you must have “rendered at least four months of service from January 1 to October 31″. If your service is less than 4 months, you are entitled only to a percentage of the cash gift. (RA 8441)

    [Reply]

  157. Good day! I had maternity leave from April to June 2011. will I still be receiving complete 13th mo pay?

    [Reply]

    Ted Ferrolino Reply:

    As a rule, maternity benefit is not included in the computation of 13th month pay. It is not considered part of basic salary. Hence, you won’t be receiving your complete 13th month pay if you had maternity leave from April to June.
    However, if your company traditionally includes maternity benefits in the computation, it should be included. (Davao Fruits Corp. vs. ALU et al., G.R. No. 85073, August 24, 1993)

    [Reply]

    Lani Reply:

    Thank you for your prompt reply.

    [Reply]

    caren pineda Reply:

    dear sir,

    ganito din ang case ko. nag paopera ako ng june 4 at pinabalik ako ng doctor aug 16. Hindi po ako swelduhan nga company at SSS gave me my salary for two months based on their own rates. now sa 13th month pay ko ang ibibigay ng company ay 10 months lang dahil di naman ako nag trabaho ng two months at di nman daw nila ako binigyan ng sweldo dahil SSS nga po ang nagbigay. Atty tama ba ito? Salamat na marami sana po sagutin nyo po ako.

    [Reply]

  158. Maricel Ramos Comment:
    November 15th, 2011 at 09:58 am

    ask ko lang po kung ano po ang susundin na salary sa computation ng 13th month na promote po ako Nov.1 then n receive ko po yung dati pa ring sweldo pwede po bang magclaim ng differential nito thank you…

    [Reply]

    Ted Ferrolino Reply:

    13th month pay is computed based on the total basic salary earned during the calendar year, not just the most recent salary.

    [Reply]

    marquee Reply:

    hi ask ko lang po kung ung absences ay ikakaltas pa ba un sa 13 month pay …thanks po

    [Reply]

  159. Good day! Sir I just would like to know if how will you compute of 13th month pay if I started June 27, 2011 with pay of 10k, then after 3 months I got salary increased of 15k that was September 27, 2011.

    So how much will I expect to receive on December?
    Hope you can show me the computation.

    Thanks.

    [Reply]

    Ted Ferrolino Reply:

    Just add all the basic salary you received from June 27 up to the end of the year (exclude allowances and other benefits not part of basic salary), and divide it by 12.

    [Reply]

    Jessie Reply:

    Sorry to ask you again Sir, but I’m a bit confused..I actually added (10,000+15,000) then I divided into 12 and I’m getting only 2083?

    Thanks for your help!
    :)

    [Reply]

    Ted Ferrolino Reply:

    Computation should look something like this:

    July = 10,000
    Aug = 10,000
    Sept = 10,000
    Oct = 15,000
    Nov = 15,000
    Dec = 15,000
    Total = 75,000
    13th month pay = 75,000/12 = P6,250

  160. nagtuturo po ako sa isang christian school sa cavite,,from august 2009 up to present..ang natatangap ko lang po na bonus is 1,ooo pesos, la po kaming 13th month pay,,kase po yung sinasabi nung employer/administrator namin is hindi nila kayang mag bigay ng bonus o 13th month pay,,pwede po ba namin siyang ireklmo?makukuha pa po ba kaya namin yung 13th month pay from 2009?thank you

    [Reply]

    Ted Ferrolino Reply:

    Yes, pwede po kayo magreklamo at mag claim ng 13th month pay.
    The prescriptive period for monetary claims under the Labor Code is 3 years. Monetary claims are deemed barred if filed beyond 3 years from the time it become due.
    That said, you can still claim your 13th month pay from 2009 if you make your claim now.

    [Reply]

    omai Reply:

    san po ba dapat magreklamo ng tungkol dito? ganon din po kase ang administrator namin e, laging sinasabi na wala daw po pera ang school… last year di na din po kami nakatanggap ng 13 month pay

    [Reply]

  161. Hi, i need advice. my wife is working in a private school for special child for not less than 6 mos already. She was hired as part time Occupational Therapist, working 6days a week, but the basis of her wage is the commission per student per session. Is she entitled to 13th month pay?

    thanks

    [Reply]

    Ted Ferrolino Reply:

    Edit: Generally, the method by which wages are paid or computed is immaterial. However, those paid on “purely commission basis” without fixed or guaranteed wages, are not covered by the law. Hence, not entitled to 13th month pay.

    [Reply]

    jojo galang Reply:

    Sir, my wife is working in the school as part time and paid on “percentage basis”, is this the same with “commision basis”. and no contract was signed, no any benefit.

    [Reply]

    Ted Ferrolino Reply:

    Commission is often based on “percentage”, so they could be the same.

  162. good eve po,,nagtatrabaho po ako sa isang private school dito sa cavite…simula nung aug 2009,,pero ttuwing dec ang natangap ko lang po ay 1ooo pesos,wala pong 13th month pay,,kase ang sabipo ng administrator ay di nya kayang ibigay sa amin yun,,pwede po ba kaming magreklamo?makukuha pa po ba namin kung sakali yung 13th month pay from 2009?thank you

    [Reply]

  163. Hi,
    If my last day of work is July 31, 2011. When should I get my final pay from the company? How long should the final pay be processed? When can I take legal actions if the pay is taking too long? Thanks.

    [Reply]

    Ted Ferrolino Reply:

    Final pay becomes due and demandable right on the employee’s last day in the company.
    Delay not exceeding 2 weeks, though, may be justified as reasonable processing time. If it exceeds that period, it may already be considered as unlawful withholding of wages. Unlawful withholding of wages entitles the employee to payment of interest, attorney’s fees and damages, in addition to all his/her unpaid claims.

    [Reply]

  164. How is the computation of the 13th month pay if we are paid on a daily basis. Ex. 500/day.

    [Reply]

    Ted Ferrolino Reply:

    Just add up all the basic salary you received during the year, excluding overtime, premium, night differential and holiday pay, etc., and divide it by 12.

    [Reply]

  165. Hi sir,
    i was employed since last year (August 2010). and it was under an agency. but this year around August 2011 i resigned and was able to be hired in one of the agency’s client company. i just want to ask if im still entitled for the 13th month pay from that agency and in my present company?

    Thanks so much sir..

    [Reply]

  166. good day sir!

    can I receive my 13th month pay before Christmas though Im resigning on 29 this moth, cos i asked our company and they said my last pay and 13 month will be given to me a month after my resignation.

    when i told this to my other colleagues they said 13th month pay should be given not later than 24th DEc.,

    looking forward for the answer(s), thanks!

    [Reply]

  167. Good day sir,
    In our office, the computation of the 13th month pay is

    Actual Basic Pay xxxxx
    (Jan-Oct)
    Plus Projected Pay XXXXX
    (Nov-Dec)
    Less Leave w/o Pay and Undertime (XXXX)
    divided by 12 months /12
    ——
    13th month pay XXXXX

    Is this a valid computation for the 13th month pay?

    Thank you.

    [Reply]

  168. Good day!
    I am a private school teacher… I am just confused why my employer doesn’t give us a 13th month pay… actually this is my 2nd year in teaching here and still we’re hoping to receive such kind of benefit. Pls advice me on what will be the best thing to do regarding this.

    [Reply]

  169. Hi!Sir Ted,

    I would like to know if I should have my 13th month pay eventhough my end of contract as Probitionary Employee is on dec. 15, 2011? Or it is legal to give it in my backpay?

    Thank you for your immediate response..

    [Reply]

  170. Maria Jamella Lina Comment:
    November 26th, 2011 at 09:33 pm

    Good day.

    I would like to ask if my 13th month pay will be paid in full eventhough I had my maternity leave last march 25-June 5, 2011.

    Will the maternity leave decrease my 13th month pay?

    Thank you and more power..

    [Reply]

  171. do job-order employees in government agencies receives 13th month pay also?like government regular employees too?i really appreciate ur reply. thank u.

    [Reply]

  172. gladys teotico Comment:
    November 29th, 2011 at 07:37 am

    magandang umaga po. ako pa ay going to 14yr. sa pinapasukan ko.ang sahod ko po ay minimum at my daily allowance na 70/day.pero ang 13th mo pa nanatatanggap ko ay mahigit 6000 lang po. tulad ngaun, pina compute na po sakin ng boss ko ang 13th mo namin, ang makukuha ko lang pa ay 6500. tama po ba un? every week po ang total ng computation, gang 46weeks lang po ang total. di po masyadong maliit para sakin?

    [Reply]

  173. gladys teotico Comment:
    November 29th, 2011 at 08:17 am

    gandang umaga po uli. my kulang po pala sa binanngit ko, 5days lang po ang pasok namin, since 2002 po ata. ask ko po kung tama lang computation ng 13mo namin. dis yr po kasi 6500 lang ang 13th mo ko. every week po ang computation ang total po ay 46weeks lang. 1/2 lang ng Nov. ang naisama, binawas din po ung mga absent namin. para po kasing my mali. kasi po 13.5yr na po ako sa company na pinapasokan ko. pls reply. thaks po!

    [Reply]

  174. gladys teotico Comment:
    November 29th, 2011 at 10:04 pm

    good evening po. sir ask ko lang po, kasi po ang company namin ay magpapalit ng pangalan. may dapat po bang bayaran samin? pangalan lang po ang papalitan. pls reply sa mga messages ko. thanks po!

    [Reply]

    Ted Ferrolino Reply:

    Did you mean separation pay? If it is only change of name, and there is no interruption of service, you are not entitled to separation pay.

    [Reply]

  175. Dear sir,

    Good Afternoon po!

    I have a problem po about computing my 13th month kasi ganito yung case ko.the day i was employed i receive a minimum wage of 287/day then that’s my salary for 3 months. then my company increase my salary to 10k/month. after a month, the company increases my salary into 12k/month hanggang ngayon december po.

    Saan po ibi-base yung computation ng 13th month ko po sa recent rate ko po or sa gross ng salary ko po for 7.5 months.

    Maraming salamat po.

    hihintayin ko po responds nyo.

    [Reply]

    Ted Ferrolino Reply:

    13th month pay is computed based on the total basic salary earned during the year, not on the recent rate.

    [Reply]

  176. gladys teotico Comment:
    December 1st, 2011 at 10:07 pm

    good evening po! sir Ted, pwde po ba i-publish niyo sa mga news kung pano po ang computation ng 13th mo pay o ang nararapat na makuha naming mga employee’s. kasi po naguguluhan po ako. 13.5 yrs na po ako sa pinapasukan ko, 404/day w/allowance. ang pasok lang po namin ay monday to friday. ang 13th mo pay po nanakukuha ko ay nasa 6k plus, lagi pong ganun taon-taon, tulad po ngaun 6500 lang po ang makukuha ko, dahil tapos na pong computin. per week po kasi ang ginawa ng boos ko, den gang Nov.18 lang po. para po kasing mali. paki explain namn po, kasi kawawa naman po kami. pls answer my question. maraming salamat po.

    [Reply]

  177. hi! I am an employee of a state university here in Mindanao. I am in my 3rd year of service with a contract of service status…as indicated in our contract, the university expressly established a no employer-employee relationship. may i ask if i together with the others are entitled for the 13th month pay?

    [Reply]

  178. what if i receive different salary every month because my absences was deducted. Example my basic salary was 12000 every month. then my actual salary received for the whole was only 120,000.
    120,000/12=10,000 . Was P 10,000 my correct 13th month pay?

    [Reply]

  179. Hi sir,
    i worked from january to september as a contractual employee will i able to get my 13th month pay?

    [Reply]

  180. I’ve heard two different opinions. But what are the facts?

    1 months wage / 12 = 13th Month
    or
    1 months wage / 12 X #of months worked = 13th Month

    Anybody really know the correct method.

    [Reply]

    Ted Ferrolino Reply:

    It is 1/12 of the total basic salary earned during the year.
    Add up all your basic salary during the year and divide it by 12.

    [Reply]

    nice Reply:

    how about giving onlyb the percentage of our 13th month due to their computation as they say, we still have December to finish then they woul like to give the 8% given to employees as half so equivalent to 3 pays? But previous years they have given the 13th month pay in full before December 15 now it sudenly changed? how come that happens?

    [Reply]

  181. Gud Pm..Isa po akong part time instructor sa isang state university{a government institution) sa Cam Sur starting June 7, 2011- October 30 the same year..then rehired from November 2011 to March 2012..Our contract stated of no employee-employer relationship..entitled rin po ba ako sa PD.No.851?Another is, they don’t issued a payslip to us at wala din po kmi sss,philhealth,pag-ibig..Tama po ba gawain employer nmin?Thanks..

    [Reply]

  182. Gud Pm..Isa po akong part time instructor sa isang state university{a government institution) sa Cam Sur starting June 7, 2011- October 30 the same year..then rehired from November 2011 to March 2012..Our contract stated of no employee-employer relationship..entitled rin po ba ako sa PD.No.851?Another is, they don’t issued a payslip to us at wala din po kmi sss,philhealth,pag-ibig..Tama po ba gawain employer nmin?
    Sana po mapayuhan ninyo kami..Pakiramdam po kasi nmin nasasagasaan ang aming karapatan bilang isang maliit na manggagawa..Thanks po..

    [Reply]

  183. Good day ask ko po hawak po kasi ako ng agency at sa donut company po ako nagwork nagstart po ako june 10,this year at sept.9 may training na dumating 2days after on the spot pinaglastday ako ng branch manager namin tama po ba yung ginawa nila?entitled din po kaya din ako for the 13th month pay?

    [Reply]

  184. Good day,

    If an employee is receiving P47K/ month as his basic salary & has been employed for only 11 months, how much should he get from his employer for the 13th month bonus? Follow up question, is the whole amount (P47K) taxable or in excess of P30K?

    Thank you.

    [Reply]

  185. my 13th month is 10,000, less 12% tax daw? is this
    correct? may tax na ba ang 13th month?

    [Reply]

  186. ang 13th month ba may tax na 12% ? kc ang 10,000 ko na 10,000 less 12% tax daw?

    [Reply]

  187. Hi, I am a doctor working in a clinic as a reliever or moonlighting doctor, I am paid on a per duty basis, am I entitled to 13th month and holiday pay?

    [Reply]

  188. hi again, I would like to ask another question regarding my sister who works as a private school teacher. Is it right that in their 13th month pay, her employer made deductions for the # of days that she was absent and days when there were no classes and they did not report to school.

    [Reply]

    Ted Ferrolino Reply:

    Absences and non-working days (unless the employee is deemed paid on those days) normally has affect on the amount of 13th month pay. Absences results to lesser basic pay, and lesser basic pay means lower 13th month pay.

    [Reply]

  189. Hi!
    i gave birth last April 2011, back to work July 2011. Present employer advanced my maternity allowance before i took my maternity leave. And now, my MAT2 is denied due to 5th delivery. HR Personnel not aware of this rule and so am i. Present company did not gave me my 13th month pay because of this problem. they did not even notify me about this. they want my full 13th month pay to be deducted from the Maternity allowance without my consent. is this allowable? what will i do? Please help.

    [Reply]

  190. hi mam/sir.

    ask ko lang di ko kc nakuha yung complete amount na nakukuha ko last year ng 13th month pay ko. i had a maternity leave 78 days, nasa law po ba na madeduct yung 13th month ko?

    tnx

    [Reply]

  191. ask ko lang po about my bonus, lumabas po appointment ko last sept. 14 2010..last year ..wala po b talaga ma rereceive na bonus?
    Another concern pa po, after 7 yrs. sa gov’t. nag resigned po ako.. ano po b benefits na dapat tanggapin? Wala po daw kc ako matatanggap at sabi po sa g.s.i.s hindi po nireport ang resignation ko..so until now continous po ang service record ko sa deped…papaano po b ito?

    [Reply]

  192. In our company, we also paid our managerial personnel a 13th month pay… is it ok? I just read that 13th month pay is for rank and file only. But there is also this so called non – diminution benefits that says (non elimination of benefits already enjoyed). Thanks

    [Reply]

  193. Good morning sir, ask lang po we are a group of employees belongs to the job order and contract of service status here in nat’l. power corp…Sabi po nila di daw kami covered ng DOLE ruling regarding 13th mo pay & PEi from our government..Kung ganun sir? kanino po kya or saan agency po kya kmi pwedeng magreklamo in terms of our rights? Entitled po ba kmi to the said benefits? Salamt po sir at sana matulungan nyo po kmi..

    [Reply]

    job order emp. Reply:

    dbm budget cir. 2011-4, nsa exclusion na nman po kaming mga job order at contract of service..nsa contract po nmin no employee-employer excist, we are in the service for several years, panu kaya yun sir? anu dapat nmin gawin? Salamat po kung matutulungan nyo kami.

    [Reply]

  194. Just want to ask… I resigned last April 30, 2010 but I wasn’t able to get my 13th month pay and my tax refund. I didn’t know then that resigned employees are still entitled to 13th month pay. Can I still claim my 13th month pay and tax refund? It’s been more than a year since I’ve resigned.

    [Reply]

  195. Good day,

    Tanong ko lang po kung tama na ang mga manggagawa na nasa training period ay HINDI entitled sa 13th month pay? probationary / contractual at regular lang do po ang makakatanngap sa company namen. Maramaing salamat po!

    [Reply]

  196. HI, ASK KO LANG PO KUNG SUSPENDED PO AKO SA COMPANY AT REGULAR NAMAN AKO..MAY KARAPATAN PO BA ANG EMPLOYER KO NA IHOLD ANG 13TH MONTH PAY KO?

    [Reply]

  197. Good Evening!
    Tanong ko lng po kung mkakareceived po ako ng 13th Month pay and magkano po?
    From a Contractual job started from June 01, 2011 up to November 01, 2011 and na extend po ng mga 3weeks up to November 22, 2011, having a salary of 10,500 a month. Pano po macompute at magkano po? Thanku so much po s lahat ng mga natutulungan nyo…

    [Reply]

  198. gud pm,ask qlngpo qng entitle ako mka qha ng 13th mos. pay wich is na endo aq nung october 16 this year pero nag simula aqmag work sa knila ng june this year din po.salamatpo

    [Reply]

  199. gud pm,ask qlngpo qng entitle ako mka qha ng 13th mos. pay wich is na endo aq nung october 16 this year pero nag simula aq mag work sa knila ng june this year din po.salamat po

    [Reply]

  200. Arcilla Vera Cruz Comment:
    December 9th, 2011 at 07:41 pm

    i am a newly hired public secondary teacher. my appointment was approved last August 15, 2011. i just want to know if i am entitle to receive a 13th month pay. because when i and my fellow newly hired teachers went to our division office they told us that the only privilege that we can receive is a cash gift amounting to 2000 which is quite confusing because our co fellow teachers who were appointed last year (aug.20, 2010 and nov. of 2010) were able to receive their 13th month pay through the payroll.we are still receiving our salary through check from our division office because we are not still included in the payroll. please send me a quick response for my inquiry,,thank you very much and more power!

    [Reply]

  201. ask ko lang bakit hinati ng S_._._.s ang 13th month pay namin into 92% first pay tas bali balita na 2 hati pa ang natitirang 8%? tama ba yon? bakit sa ibang company buo na? saka dapat ba ibawas dun ang mga leave incentives namin, e para samin naman iyon di ba?
    Kailangan ba dapat na hatiin ang 13th month pay?

    [Reply]

  202. Good day! I am a daily rated employee who earned 8,502.00 per month for 26 working days.My question is what would be my 13th month pay to be received if i am in the category of daily rate. Is late and absences can be deducted to my 13th month pay?
    I hope you can help me on this. What is the difference in computing for the 13th month pay of the employee who are in a fixed rate and daily rate? Thank You and merry Christmas!

    [Reply]

  203. hi! im a job order on one government agency and im here for one year, i was bothering if i have a bonus. because i work for a year. the compensation was great but i want also to have this bonus since were all the same in work. do i have a right to ask for it? Thanks

    [Reply]

  204. hi good day!
    i just want to ask if im entitled for a full one month pay for my 13 month. i started may 16 this year.
    hope u can answer.thanks

    [Reply]

    Ted Ferrolino Reply:

    No. It will be prorated based on your length of service.

    [Reply]

  205. Hi,

    I would like to ask about my 13th month. Our HR dept. told me that my late, absences and regular holiday will be deducted to my 13th month…

    I want to clarify if it is true.

    Looking forward to your feedback.

    thnx…

    [Reply]

    Ted Ferrolino Reply:

    Late and absences should not be deducted from the 13th month pay. Regular holiday is not included in the computation.

    [Reply]

  206. greetings!

    hello po! may iatatnong po ako tungkol sa 13th month pay…
    kasi po yong aming BPO company eh nag open po last oct.26, 2011.. sa kasalukuyan po wala pa namang natatanggap na Proffit ang company.. ako po ay isa sa admin. karapat dapat parin po b n mabigyan kami ng 13th Month pay? kahiot hindi pa kumikita ang company at kaka open lng last Oct.26? hope to hear from you sir… salamat po…

    [Reply]

  207. hello!
    i need help on how to compute the 13th month..pls do help me!I start working May 15,2011 and i have a friend who start in May 31, 2011 and the other start July 1,2011. 2 times kaming ng salary increase w/in this year.Our monthly salary are: may-june=9,000; july-august 15,2011=9,500; aug.-present=10,500. Do i need to include the month of Dec.?
    HERE IS OUR COMPUTATION:
    MAY 15-30, 2011 = 4,500
    june = 9,000
    july = 9,500
    aug.1-15,2011 = 4,750
    aug.16-30,2011 = 5,250
    sept. = 10,500
    oct. = 10,500
    nov. = 10,500

    TOTAL =64,500/12 = 5,375(this is the 13th month pay)

    *FRIEND 1*
    june = 9,000
    july = 9,500
    aug.1-15,2011 = 4,750
    aug.16-30,2011 = 5,250
    sept. = 10,500
    oct. = 10,500
    nov. = 10,500

    TOTAL =60,000/12 = 5,000(this is the 13th month pay)

    *FRIEND 2*
    july = 9,500
    aug.1-15,2011 = 4,750
    aug.16-30,2011 = 5,250
    sept. = 10,500
    oct. = 10,500
    nov. = 10,500

    TOTAL =51,000/12 = 4,500(this is the 13th month pay)…

    is this right computation?
    Pls. I need your help ASAP…tnx

    [Reply]

    Ted Ferrolino Reply:

    Expected salary for December should be included in the computation.

    [Reply]

  208. I would like to ask if i will still be receiving my 13th month pay?

    my last day of work was dec. 13, 2011 and been working there for 5 months.

    [Reply]

    Ted Ferrolino Reply:

    Yes. You are entitled to receive 13th month pay upon cessation of your employment. The computation shall be based on the number of months worked in the year.

    [Reply]

  209. Kristine Marie Comment:
    December 15th, 2011 at 12:00 am

    HI…im a 3 year regular public school teacher…i was on leave since july 15 up to dec 15,2011 because of some reasons…i dont received the 13th month pay last november and also the PNOY. can u help me? pls… thanks

    [Reply]

  210. i am appointed sb member effective july 4 this year in lieu of my father’s death (succession) am i entitled of bonuses and cash gift or rather a proportionate one. if so, my father died may this year and not able to receive
    benefits of the so called bonus and cash gift (heir) how is the computation? pls help.

    [Reply]

  211. hello sir/madam, i just want to be clarified on matters pertaining on the release/entitlement of cash gift and 13th month pay…i entered the gov;t. service july 4, 2011 in lieu of my father’s death, he was then an sb member and died may, 2011. in lieu of succession i was appointed july 4, 2011 as sb member. Am I entitled of the so-called 13th month pay and cash gift? On the other hand, is my late father entitled to received the proportionate computation of the benefits that should have been received as mid year bonus and cash gift? please help…

    [Reply]

  212. Payment of 13th Month Pay to Resigned or Separated Employees.

    Employees who resigned or were separated during the calendar year shall be entitled to 13th month pay in proportion to the length of time he worked during the year, provided it is at least one month.

    The payment may be demanded by the employee upon the cessation of employment. –

    It is mandated by law that 13th month pay shall be given on or before the 24th of December. Does this law covered resigned or separated employees? I resigned July 31, 2011, should I take legal action if my final pay (which includes 13th month pay) will not be given before the 24th of December? Thank you/

    [Reply]

    Ted Ferrolino Reply:

    For resigned or separated employees, 13th month pay may be demanded upon cessation of employment (even before December 24).

    [Reply]

  213. good day,nagtatrabaho ako sa isang malaking company pero under kami ng isang agency,may utang yung company sa agency namin.Ngayon ang sabi nung agency hinde daw kami bibigyan ng 13th month pay kung hinde sila makakakuha ng collection. tama ba ito na ipasa nila yung obligation nila sa company? need help

    [Reply]

  214. what if my employer said I will receive my 13th month pay after Dec.24th can I sue them or pass any complains to the DOLE?

    [Reply]

  215. hi,me and my mates are employed for almost 3 years in a certain GOCC here in the philippines and until now are status are still job orders and have not receive any bonuses esp the 13th month.. is this right? are we not entitled of the 13th or 14th month pays?tnx

    [Reply]

  216. catherine abanilla Comment:
    December 17th, 2011 at 02:24 pm

    hello po..tanong ko lang po about sa 13th month pay. na hire po aq ngaun year october 5, 2011. makakakuha po ba aq ng 13th month pay? paano po computation..

    salamat po

    [Reply]

    Ted Ferrolino Reply:

    Yes, since you have worked at least one month during the year, you are entitled to 13th month pay.
    Your 13th month pay will be computed based on your length of service, i.e., basic salary earned from October to December.

    [Reply]

  217. Hi Sir,

    I resigned itong Dec. lang at sinabihan ako ng employer ko na makukuha ko pa 13 month ko by next year pa between Jan.-March kasi daw aantayin pa daw nila yung sa tax deduction dahil daw yung mga dati nag resign ang company ang nagbayad ng tax nila at wala naman daw sila nahabol sa mga nag resign kasi once accepted ang resignation eh bigay na ang last pay together with the 13month pa. Tama ba ito?

    Thank you!

    [Reply]

  218. sir.. good day po.. i just wanted to clear things up po.. im employed on a private company and we will receive our 13th month on the the 23rd.. tanong ko lang po sana kung bawas po ba talaga lahat ng late at absences sa pagcompute ng 13th month? binawas po kasi sa amin. marami nga pong nagrereklamo..thank you po.

    [Reply]

  219. Hello Sir,
    Tanong ko lang po kung ano dapat gawin kapag di naibigay ng company yung 13th month pay namin bago mag Dec.24 2011. Tapos isa pa po laging late ang salary namin, sana po matulungan nyo kami kung ano po dapat gawin.

    salamat po,
    Ryan

    [Reply]

  220. christian marcos Comment:
    December 20th, 2011 at 07:46 pm

    good evening! Possible pa bang magkaron ako ng 13th month kung naterminate ako last dec 4, 2011. tas and end ng contract ko ay ngayon dec 20,2011? nagstart ako dun ng june 2011. tapos nabigyan na ko ng final written warning before ako iterminate pero sa contract na pinirmahan ko, suspension muna before termination. Ngayon, sabi ng employer tatanung muna raw nila sa atty if pede pa ko bigyan ng 13th month e terminated na ko. I need you help and opinion pls? thanks

    [Reply]

  221. Good day! I have a concern. Currently, I’m working in a Korean Company. I’m a part time online English teacher. And work here for 6 hours per day. Anyways, my main concern is that our Korean boss wants to give our 13th month pay by the end of the month (December) or early next year . I told his Assistant who’s a Filipino, that if they will not give our 13th month before December 24, then I will call DOLE and complain about it.She addressed that concern to our Korean boss. But everytime I make a follow-up, still there’s no updates. It’s December 20th already. And I’m so worried about it. I’m counting so much in my 13th month pay. Actually, that’s what Korean businessman do. Most of them give the 13th month of their employees by the end of the month or by next year. They don’t follow the Philippine Law. What shall I do about it? Can I file a lawsuit against them? What will happen to this employers if they will not able to provide the 13th month pay to their employees before December 24th? Please help. Thanks you so much.

    Nate Diaz

    [Reply]

  222. Janet Valdez Comment:
    December 21st, 2011 at 03:19 pm

    good day! i started work last July 2011,did i receive a 13th month pay?thanks

    [Reply]

  223. Nahire ako as casual government employee noong August 16, 2011, entitled ba ako sa buong amount ng Productivity Enhancement Incentive(PEI) or prorated lang ang matatanggap ko?
    1. Ang requirement dapat ay still in service as of November 30, 2011 at
    2. May agggregate service na 4 months for the year para buong amount ng PEI ang makuha

    Bakit ayaw ibigay ng Internal Control ang buong amount at dapat daw ay prorated lang ang matanggap ko? Tama ba sila? Sa tingin ko ay na comply ko ang requirements para sa buong amount.

    [Reply]

  224. dec. 6, 2010 pumirma kmi kontrata under agency, im preggy that time, may 9, 2011 up to july 9, 2011 nag maternity leave ako.ask ko lang po kung maapektuhan ung 13th month ko, i mean liliit b ung mkukuha ko? tnx

    [Reply]

  225. puwede ko na po bang ireklamo yung agency namin, kasi po hanggang ngayon hindi nila maibigay yung exact date ng release ng 13th month, hindi din po nila masabi kung bakit hanggang ngayon wala pa yung 13th month. puro po kasi follow up ang sinasabi nila, hanggang next week daw po pwedeng mag follow up kaya lang po 26 na next week. Saang hotline po ba sila pwedeng ireklamo?

    [Reply]

  226. puwede ko na po bang ireklamo yung agency namin, kasi po hanggang ngayon hindi nila maibigay yung exact date ng release ng 13th month, hindi din po nila masabi kung bakit hanggang ngayon wala pa yung 13th month. puro po kasi follow up ang sinasabi nila, hanggang next week daw po pwedeng mag follow up kaya lang po 26 na next week. Saang hotline po ba sila pwedeng ireklamo? sana po masagot nyo po ako kaagad, kasi po 22 na po, salamat po!

    [Reply]

  227. Hi,

    what if it is stipulated in the contract that an employee on a per day no work no pay basis is not entitled to whatever benefits given to employees on an employee-employer relationship, are they still entitled to 13th mo. pay?

    [Reply]

  228. PRUDENCIO DELA CRUZ JR. Comment:
    December 22nd, 2011 at 04:22 pm

    gud day po,pwede p bang ireklamo ung dati qng agency,kasi ung 13th month q n mtatanggap ngaun ay 1,700 lang po ung nkuha q at cheke p nila bnigay skin,tapos ung mga previous loan q ay k8inaltas lahat s 13th month,dba po dpat s backpay q nalng ikaltas lahat un?7000 po ung kinaltas nila skin.

    [Reply]

  229. gud day, allowed po bang bawasan ang 13th month pay?
    kasi po ilang taon ng laging may bawas ang 13th month pay namin.ibinabawas raw po yung late and absences namin within the year.eh samantalang kinakaltas na po nila ito every month cut off.tama po ba na bawasan kami uli at sa 13th month pa ibawas na ineexpect namin na buo. tapos sa payslip di po dinedeclare yung deduction kundi yung amount nalang na tatanggapin namin.umaasa sa inyong paglilinaw.salamat po

    [Reply]

  230. leandro santiago Comment:
    December 25th, 2011 at 01:35 pm

    i’m working in a hotel as a consultant basis for almost nine months. my question is my employer have the right not giving me my 13th month pay?

    [Reply]

  231. good afternoon, tanong ko lang po if entitled din ba sa 13th month pay ang mga project employees which is kung may project saka po may trabaho, usually hindi po mabuo ang pasok nila sa isang buwan.

    thanks..

    [Reply]

  232. is 13th month pay deductible with your basic salary or personal advances?

    [Reply]

  233. Joynace Castro Comment:
    January 7th, 2012 at 02:05 pm

    Gud afternoon sir, resigned employee po ako, nag resign ako nung may 1, 2011 due to emergency reason, hindi ko po nakuha ang last pay ko at 13th month pay ko kasi sabi ng employer ko at ng HR nmin, hindi ko ma aavail dahil po hindi ko na render ang 15 days notice, tama po ba ang reson ng company na, this is a company discretion? ang alam ko po kc ang 13th month pay ay government benefit at hindi depende sa company kung ibibigay nila o hindi dahil lng hindi na render ang 15 days work of notice? Please advise po, I have more than 5 months work of service sa company? Do i have right to claim my last salary and 13th month pay?

    [Reply]

  234. Joynace Castro Comment:
    January 7th, 2012 at 02:10 pm

    and one more thing sir, kahit po ba nasa company contract na pinirmahan ko, yung sinasabi nila na hindi ko maa avail ang 13th month pay, do i still have right to demand? tama po ba na maniwala ako sa contract na sinasabi ng company? na kapag hindi nag render ng 15 days notice, hindi rin makukuha ang 13th month pay?

    [Reply]

  235. Good day,
    I’m working for a BPO in QC. I was tagged AWOL on the day my LOA expired (Dec 12), the day before our 13th month pay was released (Dec 13). My boss said that they withheld the pay because of my AWOL, that they were not sure that I would return, that it would be released on the cutoff after I report to work (Jan 13) or with my back pay if I resigned. Upon inquiry, HR could not confirm if they would release my 13th month pay on our next payout (Jan 21). Is there a basis for me to complain because my pay was put on hold and because it was paid later than December 24?

    [Reply]

  236. Iya Angeles Comment:
    January 18th, 2012 at 10:31 am

    My husband worked before in a chinese restaurant near macapagal. If im not mistaken august nun magkasakit xa & almost 1 month na hindi xa nakapasok. When he report sa work dala-dala niya lahat ng medical report & certificate para makapag trabaho muli. Pero hindi sya pinabalik dahil ang gusto ng company eh kumuha sya ng medical certificate sa government hospital at ginawa naman un ng husband ko pero ang masakit nun need nya gumastos ng malaki dahil ang doctor nirequire siya na magpa CTSCAN para malaman kung san nagmumula yon dugo nilalabas niya. Which is dun naman sa previous n pinatignan niya cleared siya at inisyuhan na siya ng medical ng certificate..Now nawalan ng gana ang husband ko bumalik na ng trabaho. My concerned is entitled pa ba siya makuha ang 13th month niya kasi dapat kinonsidera siya na naka sick leave hanggang sa nagbigayan na ng 13th month pero hindi siya sinama at sayang din kasi ilan buwan din naman un makukuha niya..ano bang dapat niya gawin sabi ko nga po sa kanya mag-file na ng resignation kasi expired na yon 1 month allowance na binigay sa kanya para makapag submit ng medical certificate galing goverment hospital. thanks po.

    [Reply]

  237. Arnie Chris Bergonzado Comment:
    January 21st, 2012 at 07:41 am

    hi!!

    tanong ko lang po kung san pde mgreklamo kz po un gf ko ndi p din nya nakukuha un 13th month pay nya..sabi ng payroll nila e papasok n daw po sa sahod nya ngaun pero wla pa din po…mgfebruary na po ndi pa din nya nakukuha un 13th month nya..ano po mganda gawin?

    [Reply]

  238. ask ko lang po sana kung hindi po ba talaga double pay kapag fixed rate po yung sahod

    [Reply]

  239. if someone resign dated jan 4, 2012, and he still work for the whole month of january for the turnover of his work, is he entitled for 13th month pay and vacation/sick leave pay? He only work 10 days for the month of Janauary 2012.

    [Reply]

  240. Georgina Carreon Comment:
    January 26th, 2012 at 02:13 pm

    what if i resigned january 27 and that doesn’t complete my 1 month? am i still entitled? sayang naman kse 27 days din un. thank you!

    [Reply]

  241. hi i am a private teacher and i have a basic monthly salary of 12k.. this is already my 4th yr of teaching in that school and im about to resign this march.. will i still get something such as separation pay or anything?

    [Reply]

  242. I was employed last September 2011 as a manager by a company based in HKG. I get a monthly salary and entitled also to commissions. Will I be entitled to a 13th month pay despite the fact that I was hired as a manager? Dont I fall under the other employees who gets a fixed wage and commissions, hence entitled to 13th month pay? I am their only employee here.

    Hope to hear from you before I decide what my next move will be.

    Thank you.

    [Reply]

  243. I am a manger with a fixed monthly salary but also entitled to commission. Am I entitled to 13th month pay? I was hired by a company based in HKG last September. I was not paid my 13th month last December. There are only 3 of us here in the Philippines working under this company.
    thanks you.

    [Reply]

  244. I’m the only manager, the other 2 are rank and file but hired for only 1 month. After September, they were terminated and was not paid 13th month. Please advise.
    Thanks

    [Reply]

  245. is this formula lawful for a private teacher who been employed by 2 years. basic salary*10/12-days of absent?

    [Reply]

  246. Dear Sir,
    I’ve been Working with this company for the last 6 months 2011 from May 18,2011 to Nov. 13,2011 about 5 and 27 days may be, its ok they terminate my contract and Im entitle for a 13th month plus my last salary of 8k plus Tax refund maybe and separation pay if there is.

    but the proceeding is I need to clear everything backjobs and pending etc. then I signed the clearance , but the problem is ; the management is looking for a lost Windows 7 license disk copy , which they told me that im responsible in loosing it. so They will not give me the last payment until it found.
    I explain to them that it’s not my fault to lost the copy since I never or it never came to my hand , in otherwords Sir, I explained to them many times, I did not received the said copy of windows 7 OS.

    And Now, as a result of this long argument since they are the management (“they have the power”).
    they lost not only (1) but (4) copy instead and it will be deducted from me .

    Actually if I don’t comply I will not received anything. for they will hold my last payment forever.

    Sir I know that this is not right.
    That company has a mind bothering, unprofessional labor practicing management.

    How can the Labor official help me with this kind of people.

    Very much Thanks.

    [Reply]

  247. Hi po,what a relief when I found and read this blog.. and dami na pong nasagot sa mga tanong ko while reading yung mga issues and reply niyo.. Pero may isa pong hindi pa clear sa akin. Yung basic pay na tinutukoy is yung salary every month di po ba?? please correct me if i’m wrong.. Yung case ko po kase ganito. Medical technologist po ako sa isang private freestanding laboratory. 5months palang ako dito. Bali 12k po ung sweldo ko a month. Pag ngcoconmpute po kase ng OT, 10,000 lang daw po ung basic pay ko dahil yung 2,000 is for my license so hindi daw kasama sa computation. Dahil po dun maliit lang ung OT pay ko.. Excluded po ba tlga ung 2k sa basic pay ko??? First job ko po ito since pumasa ako sa boards nuns september 2011 kaya po mejo di po ako sanay sa mga labor issues. Please help me po. Thank You.. GodbLess..;))

    [Reply]

  248. hello poh…tanong ko po sana..

    i am a regular teacher po ng isang private school for 5 years. Magreresign na po kasi ako this march. Tanong ko po if entitled po ba ako maka recieve ng summer pay kahit nag resigned na ako? please reply po?

    [Reply]

  249. Good day! What is in the law from the Labor Code on the TAX REFUND? All i know it should be returned to the employee once resigned. A lot of employee doesn’t know about this.
    Thanks and more power!

    [Reply]

  250. Hi. I’am working 3 years with ABC Company as an IT. The ABC Company has a sister company 123 which is on the same floor. On my appointment letter on abc company there is no phrases or job description that i shall work for 123 company nor my responsibility but from the time I started to work 3 in abc company the 123 become my resposibility without contract or notice. if i will be terminated? can I ask the labor and filed a case to get a 3 year salary equivalent to my salary on abc company without appointment letter from 123 comapny. but i have a lots of evidence that i worked on 123 company including emails and they are forcing me to do the job on 123 company. please help me. thanks and regards

    [Reply]

  251. ask ko lang po magkano po ba talaga ang sahod bilang company driver ng bulacan?6 years na po ako nagwork and may plan na magresign,magkano po kaya ung makukuha kung separation pay ko?thanks po

    [Reply]

  252. hi! i resigned 4 years ago but was not able to know if there are such benefits like that.. can i get those benifits even if that was 4 years ago? thanks!

    [Reply]

  253. Hi! I would like to ask if employees with Job Order positions are entitled for 13th month pay.

    [Reply]

  254. sir, tanong ko lang po kung yong employee po na naterminate ay pwde pa rin ba makakuha ng separation fee po?

    [Reply]

  255. halo our employer did pay our 13th pay unitl now month of may, whatlegal moves we can do. and also our, sss , philhealth and pag ibig.

    [Reply]

  256. hi! ang 13th month pay po namin is given every may and nov..however i was ruled out due to leave without pay (leave dahil umabot ang tardiness ko ng 3-5 days).so i am scheduled to receive d whole amount ng 13th month sas Nov. However, sa CNA incentives idini-deduct ung days without pay ko.is it legal kahit deducted na nga sa salary ung tardiness?prang double deduction ang nangyari?

    [Reply]

  257. Jose Sotero Comment:
    May 18th, 2012 at 08:06 am

    Good day!
    Paano po kung nagresign ako sa company pero included po sa cut-off period ung date ng resignation pero wala akong nakuha na pay para sa cut-off period na un, dapat po kaya na may makuha pa ko duon? at pwede din po kaya na makuha ng mas maaga ung separation pay ko?

    [Reply]

  258. Richard Angeles Comment:
    May 19th, 2012 at 05:06 am

    Hi,

    I was employed in a company from January 2007 to August 2007 and my backpay/13th monthpay was unclaimed until now. Can I still claim my 13th monthpay after 5 years? May expiration ba ang 13th monthpay after a period of time that it was unclaimed?

    [Reply]

  259. Call center employee, may suspension po ako pero sabi ng management wag daw muna iserve kasi kulang kami sa staffing, after I resigned, binawas po yung unserved deductions ko sa backpay ko (regular pay, ta refund, 13 month) kaya wala daw ako makukuhang back pay kasi mas malaki ang amount ng suspension ko kaysa sa total back ko… tama po ba?

    [Reply]

  260. Hi.. Good am po. Call centre agent po ako. Would like to ask how to compute ITR kung nasa maternity leave ako ng 1 month. Kasi hindi tugma yung computation ng accounts namin sa computation namin eh. Nag bigay kasi sila ng sample kung pano compute yung ITR

    [Reply]

  261. Hi..good day p0. In-house p0 ang asawa sa isang comapny,w/c means he is under another company but was not considered as contractual.he was under the 2 comapnies for 6 yrs &5 months now. He was supposed to receive P8k as his 13th month pay last DEc pero binawasan ng 1K+ kasi daw po marami syang absent. Ganun po ba yun? kahit po legal naman sa kanila i-0ffset ang absent?
    Thank you.

    [Reply]

  262. hi sir. pwd ba ung 13month nmin,ay built in na sa daily rate nmin? taz wala kming kontrata sa kanila, pero 6 years na kmi nagtatrabaho sa kompanya nila.ngaun pinapapirma kmi bigla ng kontrata. anu ba dpat nmin gawin?

    [Reply]

  263. hi po, I just want to ask kung entitled po ba kaming mga ESL Teachers ng 13th month pay? Currently I belong to a Japan based online English institution, been with them since January 2010. Contractual Employee lng po kami. Some ESL teachers say na we’re entitled to receive 13th monthy pay, tinanong namin yung accountant ng school pero sabi nya hindi daw po. Sabi ng co-teacher ko na pumunta ng DOLE, meron nga daw po kaming 13th month pay. Ano po ba talaga ang totoo?

    Thanks!

    [Reply]

  264. Good day Sir!

    I would like to ask if entitled to receive 13th month pay and double pay ang contractual employee? 1 yr and 6 months na po akong nag wowork as contractual employee. Dalawa po kami sa company na contractual with same designation. were so disappointed because we didnt received 13 month last December 2011.. and now 6 months to go December na po ulit, we’re so confused if we are going to demand for 13 month pay sa boss namin. Please help para malinawan po ako. Thank you and God Bless!!!

    [Reply]

  265. hope to hear from u soon.. thanks

    [Reply]

  266. good morning po tnnong ko lang po kasi po yung kapatid ko nagwowork sya as a service crew maeendo n po sya this july pero hindi p po sila pinapipirma ng contract ng HR nila.,at nung nagtanong din po sya regarding s 13th month pay ang sabi po ng head nila wala daw po silang makukuhang 13th month kc hindi daw po nagbibigay ang company nila non pero 6 months n syang nagwowork d2 pero ang 13th month pay is government mandated n dapat binibigay sa employee once na mag 1 month na nagwowork. . kung sakali po b may habol p po ba xa? . . . more tenx

    [Reply]

  267. ask ko lng po kng walang contract na signed & then ng resign k my possible po bang makukuha ang 13th month?
    & sa totoo lang di kami minimum rate e!!!

    [Reply]

  268. Darren ayonayon Comment:
    July 12th, 2012 at 05:32 pm

    Hi sir,
    I would like to ask if we can file complaint to NLRC if company housing loan benefit will be removed. Given that there is also HDMF who facilitating the housing loan of workers externally. We enjoyed this housing loan many years ago but now our company want to remove it. Is this part of non-diminution of benefits?

    [Reply]

  269. Hi, Good day,
    I would like to ask if entitled to receive 13th month pay and separation pay of an employee who probabaly wants to resign for personal reason. He was working about in the company from June 14, 2011 and wants to resign effevtive on July 31, 2012.His basic salary was 8,000.00. What is the basis for the this situation?Can you gave an example of computation?
    Thank you,

    [Reply]

  270. Hi, We have an employee filed a resignation letter to our office but he could not gave us an notification at least one month in advance prior to the effective date of his resignation. He only asking for Resignation effectively at that day. Is it entitled that one for the 13th month pay?or else?
    Thank you.Hoping for your good response.

    [Reply]

  271. mitchel m. miclat Comment:
    July 21st, 2012 at 11:25 pm

    is ther a provision in the law for regular private school teachers to be receiving compensation during summer?or the april and may?or its the company’s discretion whether to give the teachers their pay during this long break?..thank you…just want to help the teachers who hav been in this institution for long without enjoying benefits such as summer pay.ye

    [Reply]

  272. Good day! I am a teacher in a King Solomon Christian School International .I have been working there 7 years now. I am just disappointed that every summer when we would have our evaluation there is no big increase in the salary. The evaluation would just cost P500 if you perfect the evaluation. Other than that there is just P200 sure increase. Every year my employers would have renovation in the school and at the same time renovation in their house because their house is also in the vicinity of the school. My salary now is P11,000 for that 7 years of service to them where in in other school that amount is just their starting salary. My employers are nice but reality bites. I need money to support my family. How about us, the teachers, their employees. You know the job of a teacher is not just 8 hours. Even at home we would still work and check papers. Our time schedule is 7:00- 4:00. Lunch break is 12:00- 1:00. While you are eating you are talking and guarding the children. Is that a break? Then if there are tutorial classes you have to stay until 5pm. The tutorial rate is P2500/20 hours. The teacher would just get P2100 and the rest goes to the school. We were given a lot of work and assignments. and the one thing very worse to me when I heard the we have the same salary with the newly teacher. They would hire newly grad teachers and I don’t think it is our responsibility to train them. It is the supervisors job right? All of the teachers feel that we are overly used and under paid. Knowing that the tuition fee of ache child is about P12k- P27k about 35 students per class. Please help me out. Thanks you And God bless!

    [Reply]

  273. What if I work almost 4 yrs. in the company & now I will resign because they can’t give my benefits like my maternity almost 1 year i wait but then no result. that’s why i decided to resign. now my question is is my 13th pay still not complete even if over a half year na.tnx.

    [Reply]

  274. im a korean working here in philippines.. my salary is 50thousand am i eligible for 13th month pay?
    and my boss require me to work 8hours and 30 mins which is i know i should be paid for my over time.
    i wanna know all things that i should know.

    [Reply]

  275. I worked in the company last january 05,2010..I resigned in the company last july 07,2012..when can i get my 13month pay?My monthly salary starting from january 2012 until july 07,2012 is 7,900..how to compute my 13 month pay?

    [Reply]

  276. naomi kirsten Comment:
    September 18th, 2012 at 03:26 pm

    hi,
    please clarify this matter regarding 13th month pay. since deductions such as undertime, lates and absences are the deducted from the basic monthly salary, should the basis for the computation of 13th month pay be the basic salary net of lates/absences or should it be the gross basic salary. Please note that we are under a monthly salary scheme, not on a daily salary scheme. And what if the employee went on leave such as maternity leave, and her salary will be paid by SSS, do we exclude this months form her 13th month pay? example: salary 15000/month, covered period is january to december, went on maternity leave from aug 1 to sep 30, or a total of two months, should the computation be 15000/12*10 =12500 (10 months only, 2 months on leave not included)?

    thanks!

    [Reply]

    caren pineda Reply:

    Ano po ba ang sagot dito? ganito kasi ang case ko. naopera ako June 5 at bumalik Aug 5.Wala akong sweldo from the company dahil on leave ako. ang sweldo ko bale ay binayaran ng SSS based on their rates sa madaling salita lesser sa sweldo ko. now my employer computes my 13 month as 16,000 x10 dahil 2 mos. na sss nag sweldo sa akin. Tama po ba ito? salamat na marami. please reply

    [Reply]

  277. i signed my contract as a probational last may 1, 2012 and it ended last september 1, 2012, but im extended until august 10, 2012, am i covered for the 13th month pay?

    [Reply]

    admin Reply:

    Yes. All rank-and-file employees, regardless of their designation or employment status (that includes probationary employees), who have worked at least one month during the calendar year are entitled to 13th month pay.

    [Reply]

  278. I am now resignning to my work I know I am qualified to the 13th month, but my boss said that i will get my 13th month on this december pa.
    is it right that i will be getting my 13th month on the month of december pa…

    many thanks
    and more power

    [Reply]

    admin Reply:

    You are entitled to receive your 13th month pay on your last day, together with your last pay.

    [Reply]

  279. Good day sir!
    My husband is a contractual employee of the LGU in our municipality. His contract is renewable. Is he entitled to recieve 13th month pay?

    [Reply]

    admin Reply:

    Please read these comments and replies.

    [Reply]

  280. my employer is unsatisfied with my performance. he just want me fired. he force me to return all keys without prior notice or a termination report. he gave me a “resignation letter” but i never signed. he called me bad words in front of the customer for the reason i never signed the resignation paper. he filed a case against me a “just cause” to make legal dismissal of my employment. i worked for 2 years and 8 months in a small establishment with underpay wages. i dont have break in my workplace nor day-off. for my first year bunos he gave me 500.00 cash and a printer equivalent for 3,000.00 and the second year was 2,000.00 cash. for my separation payment he offered me a half month per year.
    is it right?

    and what about:

    -my 13th month pay?
    -my separation pay?
    -my night-shift differential?
    can you give me some advice for what i’m going to do?
    please help me! i really need it!

    [Reply]

    admin Reply:

    You may file a case for illegal termination with the National Labor Relations Commission. An employee may only be terminated for just or authorized causes under the Labor Code. There must also be strict compliance with the notice requirements.

    You can also claim payment of the unpaid benefits you mentioned which you are entitled to under the law.

    [Reply]

  281. hi sir,

    just want to ask if the absences and lates which already deducted from our salary should still be deducted in my 13th month? any ruling of this? i already browsed DOLE website but can’t find anything regarding this. please advise. thanks!

    [Reply]

  282. karleen ignacio Comment:
    October 20th, 2012 at 02:55 pm

    hi sir..magttanung lang opoh sana ako hopefully magng clear n skin lahat.i worked in a company for more than a year.last sept. something happened in our branch.all of us in the branch has been affected.i’ve been suspended for 15 days and required to.attend for some admin hearing.i came for all the hearings,admitting my known faults. in oct. 3,2012 they asked me to.report in the head office.i was terminated that day.i just accept their decision because i for myself know the truth..i just wanna ask if i could still ask my employer for my 13th month pay even i was terminated? in all cases in the said company even a resigned employee was not able to get their 13th month pay even their supposedly incentive or commission.the company forfieted everything. i want to know if i have the right to get what i ought to have even i was termited since i worked for it. thank you..looking forward fir your helpful reply.tnx

    [Reply]

    admin Reply:

    Employees terminated for cause can still get their 13th month pay and all earned incentives and commission. The employer cannot forfeit employee’s already earned income/benefits. The Labor Code prohibits withholding of employee’s wage without his consent:

    “ART. 116. Withholding of wages and kickbacks prohibited. – It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages (and benefits) of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent.”

    [Reply]

  283. Genki Donato Comment:
    October 24th, 2012 at 02:43 pm

    Hi,

    I was on LOA for 3 months. I was able to receive allowances and salary during those months due to wrong encoding in our system. When I went back to work, I was advised that the entire amount will be deducted from my next payouts. This November, we will be receiving our 13th month. Is it legal for the adjustment claims to be deducted from my 13th month as it is incorporated with our salary?

    Thanks

    [Reply]

  284. I would like to ask if a part-time employee can also receive holiday pay and 13th month pay?

    [Reply]

  285. a blessed day.

    i would like to ask if part-time employees can also receive 13th month pay and holiday pay even if the part-timers did not render work during holiday?

    thank you very much.

    [Reply]

  286. hi…I will just ask if we are still entitled to a 13th month bonus even though we start working on Aug.15 2012 as a newly hired national teacher but was a local teacher from june 2011-april 2012 we were told to wait for our paper to be processed before we could start working again on aug 2012 so we were out of work technically from apr.-aug.

    thanks. God bless

    [Reply]

  287. hi, good day!

    end of contract ako sa nov. 30, 2012… ask ko lang po kung covered ako ng 13th month at may makukuha rin po ba kong back pay?

    thanks…

    [Reply]

  288. re separation pay? im working in a private company up to now im in 5yrs of service are all company have separation pay? im working with robinsons land corp thank u

    [Reply]

  289. lysander v. balboa Comment:
    November 8th, 2012 at 10:04 pm

    gud day po…ako ay isang guro dito sa province ng batangas na mag 10yrs na ang salary \ko palng po 7000…..tnong ko lang po ang 13th monthpay po ba ay may kaltas ?kasi po sa aming school may kinakaltas po sila..kung may absent ka at di mo na file ng sick leave or vication leave may kaltas po ang sweldo nyo…pagdating ng 30th monthpay kakaltasin prin ponila yun,,,,tama po ba yun?

    [Reply]

  290. good day po, ask ko lang if continuous po yung service sa govt. Deped) tapos napromote po this August 2012 maiincrease din po ba dapat ang 13th month pay? kc po adjusted na yung monthly salary as of August 2012 dapat po ba adjusted na din ang 13th month pay?

    [Reply]

  291. Good day! wala ako makita clear explanation about sa 13th month labor law regarding deductions like leave without pay or lates. Tama po ba bawasan ang 13th month pay base sa number of absences(without pay) for the whole year??? thanks.

    [Reply]

  292. Just wanna ask regarding the computation of 13th month pay..
    this yr., minimum wage increased to 426 as their basic wage… should i use 404 as their previous rate on the time they worked last yr… or should i use 426 as their basic pay now for the whole computation.
    Ex. Dec. 2011 – May 2012 – Basic wage = P 404.00
    June 2012 – Nov. 2012 – basic wage =P 426.00
    should i follow that in computing for the basic salary? or should i use 426 in the total worked they earned (even last yr)..

    thanks in advance for the help :D

    [Reply]

  293. I am a contractual employee of our government with no employer-employee relationship,am I entitled to 13th month pay?last year I received 15k as an “extra bonus”. My basic salary is 19, 500 per month., and at present I am a consultant of a private zoo,,i visited the zoo once or twice a month,,am i entitled also a 13th month pay in that private zoo?

    [Reply]

  294. i would to ask, if ever i will voluntarily resign this coming november 30, 2012..did i get my 13th month pay this coming december 2012? because i have some doubt,,my co employee told me that i will not able to recieve my 13th month pay this year, because our company has its own rule which is “we will not automatically recieve our quitclaim and 13th month pay until after 3 months….is that valid? please help me…i need all your brilliant answer regarding my concern…i just want only to clarify…thanks a lot for your help…thanks….

    [Reply]

  295. gud pm sir,,,i resigned fom my job last november 15,2012..i did not gave them a 1 month notice…but i submitted my resignation letter and my manager signed it. i work there from september 15 2010 to november 2012,,,, am i entitled to receive my 13 month pay for this year? at hindi rin daw nila ibibigay ang service charge ko from april to october 2012 dahil sa nagresigned ako without 1 month notice.nag work po ako sa resort hotel in batangas.both 13 month and 7 months service charge. may habol po ba ako dito? tnx po

    [Reply]

  296. ako po aq isang house helper simula ng january 11,2011 hanggang ngaung kasalukuyan tinanggal po aq sa d q maintindihang paliwanag chinese employer ko makakakuha poba aq ng 13month pay at separation pay tinanggal po aq ng nov 20,2012 pero po ndi pa po aq pinapauwe hntayin q dw po ang 25 kase po ang sahuran nmin ay evry 10th and 25th po ng buwan…sabi po nila need dw pong proof na nsa rules dw po ng batas na my 13month pay ang maid?salamat po and more power..godbless po

    [Reply]

  297. Our company gives 13th month pay every December 5th. I have been an employee of that company for more than a year. Shouldn’t I be entitled to equivalent of 1 full month basic salary? If We would follow the computation 1/12 of the basic salary earned for the year, wouldn’t it be contradicting since they cannot project how much we’ll earn for the month of December? What if we incur late or absences during such month, how would they determine how much we have earned?

    illustration:

    Basic salary of 12000

    January-May 12000 (since no absences)
    June – 11000 (with 2 days absent)
    July – November 12000 (again no absences)
    December – ? (what would be their basis since the month has not ended yet and there is a possibility of late/absences)

    *wouldn’t be the computation = 12000/12 x no. of months worked be more logical? so if I have rendered more than a year of service then I would be entitled to a full 12000.

    [Reply]

    HReric Reply:

    Most companies set cut-off period in the release of the 13th month to address your concern on the month of December. Like for example, their cut-off period is November. So those employed effective January 2, their 13th month is computed based from Jan-Nov gross income, For old employees, their 13th month is based on the gross salary from December of previous year up to November of current year (that would make up 12 months.

    While in some companies, they treat December with full salary (like no absences no tardiness) just to compute for the 13th month. After the release of the 13th month, and an employee incurs absences or tardiness for the month of December, their salary for January of the next year will be adjusted with the corresponding deduction equivalent to the tardiness/absences for the month of December.

    To eliminate confusion on how to compute for the 13th month, just add all your gross salary for every month of service and divide it by 12(for a full year service)

    For example, you resign on June 30, just add your gross salary from January-June and divide it by 6 (total number of months worked prior to resigning)

    Example:

    January P12,000. ( no absences/tardiness )
    February P11,500 (w. absences/tardy)
    March P11,900 (w/ tardy)
    April P12,000
    May P11,000 (w/ absences/tardy)
    June P11,900 (w/ tardy)

    Gross Income: P70,300 divide by 6 months of service
    13th month :70,300/6
    : 11,716.67

    [Reply]

  298. Employees is hired on the second week of feb 2012 as a probationary employees. Within the 6-month probationary period, he has incurred absences and lates already. In the middle of September 2012, he was regularized already. All “non working days” were paid as they were incurred as leave incentives. Is 13th month pay deductible of his incurred absences on his probationary period?

    [Reply]

  299. our company just passed a memo this end of november saying that all leave without pay, lates and suspensions incurred for this year will be deducted from our 13th month which will be given on december 7. last year there is no deduction on our 13th month. is it fair to implement a memo regarding our 13th month when it’s only few days away from the date our 13th month will be given?

    thanks

    [Reply]

  300. Joey Tabares Comment:
    November 23rd, 2012 at 11:59 am

    Good day!!

    Nagresign po ako ngayon sa present work ko effective on Dec 16, 2012…dapat po ba makuha ko din yung 13th month pay ko? kasi sabi po ng agency ko sa final pay daw isasama yun…ang sahod po naman every 10th & 25th of the month…dba po dapat makakuha din po ako ng 13th month ngayon?

    [Reply]

    inday Reply:

    tama naman yung agency na pupwede sa last pay isasabay but from what i experienced, sa mga employees na ngresign before december yun kasi nga mas practical ang sabay na pgrelease then within the period naman na before dec.24. So if 10th & 25th salary mo, yung nai-duty mo from 1-15 sa dec. 25 supposedly but since holiday, bka i.release ng agency mo by dec 24. so within the range pa rin ng law. so ok lang na pagsabayin sa last pay mo ang 13th month. but if later than dec 24 pa ang last pay mo, you should discuss it with your agency.

    [Reply]

  301. Sir

    Query: I am full time coordinator,hired last Feb.1,2012.I have to render 6 hrs daily administrative work or 30 hrs.per week. I am receiving 25K as monthly honorarium. According to HRD of the university our honorararium is not entitle for 13th month? I wonder why I shld not be given a 13th month? since the function of my position is important for the department. PLease enligthen.
    Thanks

    [Reply]

  302. hi! just want to ask if the seafarer had also a 13th month pay and or christmas bonus. Thank you!

    [Reply]

  303. job order employees.

    4 years po akong teacher s isang state university. renew lng ng renew ng contract every sem.
    we receive the same benefits like the regular teachers, bonuses and 13th month pay EXCEPT ALLOWANCE EVERY SUMMER VACATION.

    this june 2012, ginawa po kameng job order. lahat po ng teachers from different campuses. sabi nila that is base on the vertical articulation n nilabas ng civil service where in only those teachers who are masters degree holder ang pwede lng maging contractual (almost lhat po kme ay nag-aaral ng masters and pursuing to finish it).

    so, ngaun po wala daw po kmeng matatanggap n kahit anong benefits from the goverment even the 13TH MONTH PAY!

    tama po ba un? pls help!

    [Reply]

  304. Hello,
    I am resign last January 31, 2012 and my date hired is July 18,2009 Am I entitled to 13th month pay? and Is it true that’s why I don’t have back or separation fee because for the almost 2 years above my contract still Contractual?

    [Reply]

  305. hi!we filed a formal complaint against our employer just yesterday at nlrc because we were illegaly dismissed(that is,without any written notice.they just closed the 2 branches where we were assigned).First hearing wil be on january 16, 2013.I just want to ask if are we entitled to demand that they give our 13th month pay dis coming december?Or are we supposed to wait for the court’s final decision before we could be able to get our supposed-to-be 13th month pay for dis calendar year?

    [Reply]

  306. i went on maternity leave for 60days, should they deduct these days on my 13th month pay? thanks.

    [Reply]

  307. good pm..tanong ko lang if the project based employees are also entitled to a 13th month pay?

    [Reply]

  308. hi good day,

    ask ko lang po yung ate ko nagstart sya magwork february 2012. probasionary sya at that time na regular sya september 2012. yung computation ng 13th month nya start kung kelan sya ng regular.september to december.so maliit lng po nkuha nia.tama po b yung computation ng company nya?

    [Reply]

  309. I have been on my maternity leave last May 16 to July 15, 2012. Are those leaves should be deducted from my basic salary in the computation of my 13th month pay? or instead, my 13th month pay should be computed instead of 1/12, should be 1/10? Please I need a response on this. Thanks!

    [Reply]

  310. Good day…I just want to ask regarding 13th month pay releasing..Since our company is now on Forced Leave with the production operators since Nov. 16, 2012. Is it possible that we can release on Dec. 5, 2012 their partial 13th month pay amounting to Php1,000.00 only (good as 13th month pay Cash Advances) and the remaining amount will be release on Dec. 18, 2012.?

    Hope for your immediate response on this matter.

    thanks

    [Reply]

    inday Reply:

    From what I read in the sec. 1 of PD 851, it is possible as long as it is not later than December 24 of every year.

    [Reply]

  311. I’ve been working since 2008 for 1 company. I just want to ask if it’s right to add the 13month pay to our basic salary? I’m aware that 13month pay is taxable if its exceed to 30,000 but our company added our basic salary and taxes were deducted to the total gross income. Please sample below of how our company paid us during our 13month pay: Please advise me. Thank you.

    13month pay = 25,000
    basic salary = 12,500
    Total Gross = 37,500 (taxable)

    [Reply]

    cherry umandal Reply:

    sinuspended po aq ng office from dec.3-dec. 14,hinold po nila ung 13th month pay ko at ung salary ko dapat po b mghabol aq dun?thanks po

    [Reply]

  312. Hi!

    I would just like to know if the company have the right to deduct our 13th month pay? Based on what our manager told us, the company will deduct all the numbers of absences all through out the year. If for example we have 5 unpaid absences, this will be deducted to our 13 month pay. I hope for your quick feedback.

    Kind thank.

    [Reply]

  313. good pm po . nagtatrabaho po ako sa isang reataurant , 1 year and 11 months na ko doon pero hanggang ngayon wala pa din ako natatanggap na 13th month pay kase hindi dw nila kaya ibigay . ano po ba mgagawa ko para makuha ko 13th month pay ko ? maraming salamat po

    [Reply]

  314. I just wanna ask, “Are absences included in computing the 13th month pay though it is not earned?”

    [Reply]

  315. Is the actual received salary be the basis of computation of the 13th month pay? What if an employee who has 10,000.00 basic salary has deduction of 1,000.00 because of absences and tardiness that made him receive only 9,000.00. What would be the basis of computation? The 10,000.00 or the 9,000.00?

    [Reply]

    inday Reply:

    No, 13th month should be equal to 1/12 of you annual basic pay… so, if you have already rendered 1 year of service and your basic pay is Php10,000 per month: you have an annual basic salary of Php120,000. so 1/12 of that is Php10,000. no deductions.

    [Reply]

    Eugene Reply:

    How if the employee has not yet rendered one year full of service?

    Moreover, how about the computation of the 13th month pay of the part time workers who do not have the fix basic salary?

    [Reply]

    Wanderer Reply:

    Basing from the example in the recent Dole Advisory No.2 Series of 2012, I’m leaning towards 13th month pay excluding absences or leaves without pay.

    Although the example may only apply to leaves without pay and not absences or tardiness.

    Here’s the link of the new advisory: http://www.dole.gov.ph/fndr/bong/files/Department%20Advisory%20No_%2002-12.pdf

    [Reply]

  316. Hi.
    I was absent for a month but notified my superiors why i cannot come to work. Hence, im am tagged as absent everyday. Then the company released the 13th month pay but held mine for the reason that no worked hours for 15 days.. Which was never informed to me nor my immediate supervisors.

    [Reply]

    Romeo Reply:

    Help

    [Reply]

  317. Good Day!

    I just want to know if example the company said that they are already bankrupt, and they have no means to give our 13th month pay, Are they allowed NOT to give our 13th month pay because they are allegedly bakrupt? Also, they mentioned that even if we go to DOLE, since our office is a corporation and not single propriety, they can just close the company and change their name and as if nothing happened. They will still not give our 13th month pay. Please let us know your thoughts in this.

    Thank you.

    [Reply]

  318. I filed my resignation last nov 23rd, and my expected pay is on dec 10th. However my company said that I won’t have my 13th month pay this dec 20th because I’m not part of the active employees and I will just have it on January 10th. Is that legal? they never even gave me half of my 13th month pay last June.

    [Reply]

  319. Hi, our company rolled out a notice regarding our 13th month pay yesterday(2 days before the actual release date of 13th mo which will be on dec 5th). Included on that notice is the general computation of getting the 13th month pay. Anyhow, according to their computation, they will deduct the number of absences we’ve incurred within the calendar year.

    Is this acceptable based on PD No. 851? Thanks

    [Reply]

  320. Good Day!..

    i worked as a Service provider in a government agency, i am not a regular employee. i have a fixed salary of 9,684.00 pesos per month.

    all i know is that i have my 13th month pay this December but all of a sudden the HR said that i am not entitled to receive a 13th month pay.. how sad.

    wala po ba talaga ko makukuhang 13th month pay. please help me naman po..

    thanks..

    [Reply]

  321. hi, all of us must be contented for what we recieve, and thank God. hindi katulad ng ibang tao, walang trabaho, walang makain. hwag masyado swapang sa pera. yun lang.. thank u

    [Reply]

  322. I am a regular employee, I took a vacation fro Jan to September 2012 and back to work October to December 2012…am i entitled for 13th month pay..T

    thanks

    [Reply]

  323. Hi mr ted,

    our 13th month pay will not be given on or before dec. 24,.due to the lack of company funds. Is this valid reason????????please i need your favorable response.

    thank you!!!!!

    [Reply]

  324. Xerxes Mayo Comment:
    December 8th, 2012 at 10:54 am

    Sir,

    Our company deducted absences and undertime, i would like to know if the company violated some provision regarding on the computation of 13th mo. and why should we do to collect the amount deducted from us.

    [Reply]

  325. hi,,
    i’ve worked as a probationary employee in a company since feb 2012 upto nov 2012..i just wanna ask if we are still entitled for a 13month pay even the company were not deducting any kind of benefits in our salary like itr, sss, philhealth, etc..and even we’re just a probationary employee for almost 10months..pls kindly answer this question…

    [Reply]

  326. question po: if yung employee nahire ng oct. 1, 2012 how many months ang iko compute sa kanya for the 13th month pay?

    [Reply]

  327. Dear Sir/Madam:

    I would like to inquire about my sister’s problem with the company.

    Her company (Unknown call center) had instantly stopped their operation due to system upgrade. That was around mid November. The officers told that it will resume after 2 weeks but until now nothing happens. I would like to help her in a way to get all the benefits she is entitled to as she was working more that a year in the company such as 13th months pay and other benefits. I advised her to write a letter concerning to get all her benefits before year ends at least her 13th month pay but not yet taken into action. Please advise me if what action should she take first? So that she can get her benefits after what the company does to their employees. It feels like it’s company’s strategy to avoid giving the right benefits for their employees. Please response to we can proceed as soon as possible for the right action that we must take against the company.

    [Reply]

  328. Anne Aguilar Comment:
    December 11th, 2012 at 07:14 pm

    sir, i am an instructor from university under the administration of a city government, we were asked to a sign a sort of contract saying a no employee employeer relationship. my number of hours per week is more than 48hours. are we entitled for a 13th month pay?

    [Reply]

  329. Jan.30 2012 when I start working in this company 404pesos is our basic salary,no sss,no philhealth,no bir,etc. lahat ng benefits for a typical employee walang binibigay sa amin after 6months contract they do not approach us to renew our contract july pa nag-expired contract ko yet di pa din nila renew contract ko even my company i.d. then our problem goes with our 13th month pay, deducted na absnces at lates namin sa payslip then pati ba naman sa 13th omth pay ibabawas pa nila it means that starting jan.up to now dec. icocompute lahat ng absnces at lates namin then ibabawas sa 13th month pay, is it legal or my basis ba sila gawin yun? in fact 404 is below the minimum wage wihout the benefits pa for employees working 6months onward… automatic dapat regular employee na. thanx

    [Reply]

  330. simplybreeze Comment:
    December 15th, 2012 at 10:59 pm

    Good day sir,

    3 years na po ako sa work ko under ng multi-purpose cooperative, nag tayo ng travel agency ang cooperative naito at kung saan dito ako nag work for 3 years.. in my first year ko sa work wala po kaming na recieve na 13th month.. pero yong 2nd year nakatangap kami ng 13th month at 3rd year ko dito sa office nakatangap din ako ng 13th month pero nasabihan kami ngayong na sa sunod na taon daw po kapag nag absent kami ay maaapektuhan ang aming 13th month.. montly po ang mode ng salary namin dito pero kapag nag absent kami no work no pay. tama po ba na maapektuhan po ang aming 13th month pay kung kami ay magkakaron ng pagliban o kaya ay kapag nag leave kami sa aming mga trabaho?
    tulungan nyo po sana ako na maliwanagan sa mga ganitong bagay..sya nga po pala ndi po pala kami minimum wage..salamat po

    [Reply]

  331. ask ko lang kung papano po ung sa work ko ksi commission po kami then meron allowance n 200/day papano po ung 13 month pls help us po

    [Reply]

  332. ask ko lng po, how much po ung 13month pay, march2012 po kc ako bumalik sa work, naka hang ako ng 3 month, pero, dec2011-march152012 , hnd po ako ng resign. pki comute nlng po…

    [Reply]

  333. Hi Sir. Can I get my full 13th month pay included in my backpay if I was on a Leave of Absence since July of this year? I have submitted all the necessary document e.g. medical certificate ( indicating I need to take bedrest due to sensitive pregnancy). FYI. I just had my clearance this December because my innocent superior never told me I am already attrited from the company and he never submitted my medical certificate at HR office. Thank you in advance for your advice.

    [Reply]

  334. florval sibbaluca Comment:
    December 20th, 2012 at 09:22 pm

    tanong q lng po kung tlagang maximun of 3years lng ang puedeng makuha pag naglabor? pls reply.. tnx

    [Reply]

  335. florval sibbaluca Comment:
    December 20th, 2012 at 09:33 pm

    tanong q lng po kung tlgang maximum of 3years lng ang puedeng makuha sa 13th month pay pag naglabor? pls reply.. tnx

    [Reply]

  336. Hello, Sir. I am working for a Korean company based here in Iloilo. They just gave us our 13th month pay today but a lot of us are so disappointed because of the manner by which they computed our pay. What they did was to divide the number of days in a year to our basic pay and multiplying the result to the number of days we were present within the year 2012. Is this the correct way of computing the 13th month pay? Shouldn’t it be given in full? Thank you very much.

    [Reply]

  337. Hi Good afternoon.
    I am from Sales Dept. Our company hold the 13th month pay of all employees from Technical, accounting, Warehouse and Operation’s dept due of their pending reports.Our Boss advice that they’ll be giving until Dec.28 to finish all pending report and thats the time that they can release the 13th month pay of these employee’s. Does these employees have the right to complain our employer in DOLE ?On what legal grounds? Appreciate your soonest reply. Thank you in advance.

    [Reply]

  338. superanonymous Comment:
    December 21st, 2012 at 04:27 pm

    Hi Sir, pwede po ba na ang 13th month namin e ibibigay ng kalahati lang before dec25 and yung kalahati end of the month ng december. Ang pagkakaalam ko po dapat ang 13th month e before Dec24. Pwede po ba yung ganun setup na ginawa ng company? kalahati muna ang ibibigay tapos yung kalahati end of the december na. Thanks.

    [Reply]

  339. May 13th month po b ang casual 3year n ko nag wowork dito wala kahit isang 13th month na kukuha. Wala po ako contact pero yun ka work ko regular at may 13th month pa help naman po anu kailangan ko gawin

    [Reply]

  340. Hello,
    We have piece workers on our company. Just wanted to know if they are entitled to a 13th mos.pay?? I believe they are being deducted a certain amount from their weekly pay for premium remittances and for 13th mos.pay. Is this legal?? hope u can enlighten me on this matter. Thank u..

    [Reply]

  341. Are Contract of service instructors are covered of 13th month pay..?

    [Reply]

  342. good day:

    1. may ask an opinion on you regarding the 13th month bonus for government employee; i employed on government July 16 2012; its right i receive on php 2,000 only?
    thanks
    more power…

    [Reply]

  343. Mark nelmida Comment:
    January 4th, 2013 at 10:08 am

    noon nag meeting kami sabi ng may ari mg skul (private) ang pag compute ng thirteen month

    monthly salary *10/ 12= thirteen month

    ayon sa accountancy hindi daw iibigay ang full na thirteen month pay kasi nasa rules daw nla… maiibigay lang daw nla ng fully next year pa… na receive ko lang is half sa thirteen month pay ko…. tama ba? na confuse lang po ako kasi bago po lang akong guro…. nasa manual nila na dapat ma attend ang skul days with 230…

    [Reply]

  344. Maria Edelwina O. de la Pena Comment:
    January 16th, 2013 at 01:03 pm

    I am a retainer physician for a company at Binan in which my contract is renewed every 6 months. I started working there Nov. 15,2007 and had my contract terminated last Jan. 5, 2013. I have never received a 13th month pay. Am I entitled to receive this.Thanks for any info.

    [Reply]

    M. E. O. de la Pena Reply:

    hi sir am relly waiting for your reply hope you can help me. thanks a lot.

    [Reply]

  345. hi!i would like to know if i am still entitled to have my 13th month pay from my first 3 years of work? i am serving the company for 6years and 2 mos already,and it was only in the past 3 years that they gave me my 13ht month pay

    [Reply]

  346. good day mam may reklamo po ako sa tinatrabahoan ko sa dsnc linding investor davao branch.july 2012 po ako nag umpisa tpus tinanggal ako agad nung january 23 2013 ng walang memo or warning..may 13 month pay bah ako at bunos mam..kasi wala akong natanggap..kahit piso
    sana po mabasa nyo ang hinaing ko 4 po kami applicant mam na wala natanggap

    more power and god bless mam to you

    [Reply]

  347. ang 13th month pay ba,. ay benefits ng employee or i mean binabawas s sahod?
    sa company po kasi nmin wla kmi backpay.
    endo na ako so my 8days pa ko n hindi pa nabbgay sahod q, ibabawas b dyan ung 13th month pay n nakuha ko?

    [Reply]

  348. Hello po!
    Good evening po! Ask ko lang po sana,nagtatrabaho po ako sa isang private store po nong november 30 pa po ako na End of contract po. Di ba po ba my 13months na po akong matanggap? Bkit po hanggang ngayon hnd parin po nila binibigay ang 13months ko po sbi nila isabay lang sa backpay q po pero almost 3months na po kc ako nag hintay wala pa rin po akong natanggap.

    [Reply]

  349. Hello po,!
    I was just glancing any articles here on net. trying to find out what’s the best thing on my feasibility study… I just want to ask whether .. Is it reliable to have a 13th month pay for any establishment. I am proposing a fast food business and in my financial aspect of the study.. I didn’t include the 13th month salary on there.? One thing also, is it really required to put a 30% tax to compute the net income???

    [Reply]

  350. LAMPAS 6 MMONTHS NA PO AKO SA AKING PROBATIONARY STATUS AUTOMATIC REGULAR NA PO BA YON KAHIT WALANG PINIPIRMAHANG KONTRATA AT EXTENSION MEMO…PAG REGULAR PO BA KAILANGAN TAASAN ANG SWELDO FROM MINIMUM….

    [Reply]

  351. paano po ang mag compute ng back pay…nag start po ako dec.2012 hanngang may 45 2013 lang po ako..

    salamat po

    [Reply]

  352. Hi!

    I just wanna ask. I started working in an in house call center company in April 23,2012 until now. I just want know how 13th month is computed? If ever an employee stays for 2 years how much us he going to get and the basic is 18k.

    Thank you

    [Reply]

  353. Good Morning po, I just want to ask resigned employee na kasi ako by May 16, 2013 i worked from my company for 2yrs. and 6 months started on NOV 2010 – MAY 2013 magkano po ba marereciv ko na 13month pay??? pano po ba mag compute? confusing kac eh. PLS. REPLY THANKS PO! GODBLESS!

    [Reply]

  354. Joyce Magallanes Comment:
    May 31st, 2013 at 12:18 pm

    Good Day!

    Makakareceive po ba ko ng 13th month pay ko kahit na wala akong kontratang pinirmahan sa company na pinasukan ko? wala kasi contract na pinasign sakin since na nagwork ako.

    hope to response with my concern, thank you

    [Reply]

  355. teacher v Comment:
    June 4th, 2013 at 01:06 pm

    Im recently ended my contract in a private school. I was probationary for 2 yrs and 1 yr regular employee. I just want to ask if kasama ba ang late sa computation ng 13th month? They add the total net pay (basic salary minus late) then divide it by 12. Is it correct? Thank you

    [Reply]

  356. Hi Sir! gusto lang me itanong kung anu ung rights ng isang Consultant employee..entitled ba kami sa 13 months pay or other benefits. regular consultant kasi ako not a regular employee, not part-time,or not also a project basis.

    [Reply]

  357. fabric cutter Comment:
    June 18th, 2013 at 12:10 am

    Hi sir! ako po ay isang fabric cutter, ang bayad po sa akin ay per piraso,P10 po kada blouse, P100-P450 kada araw po ang kinikita ko o depende sa dami ng i-cucut ko,lingguhan po kami pinapasahod, mahigit 2 taon na po akong cutter, last year lang po kami ngkaroon ng sss, pag-ibig at philhealth, entitled po ba ako sa 13 months pay?

    [Reply]

    admin Reply:

    Yes. Employees paid on piece-rate basis are entitled to 13th month pay.

    [Reply]

  358. Hi,

    I just want to know if 13th month pay is taxable. Is it legal to do that?

    [Reply]

    John Reply:

    Hi,

    I just want to know if 13th month pay is taxable. Is it legal to do that?

    [Reply]

  359. myka guanzon Comment:
    June 29th, 2013 at 12:46 am

    hello po , tanong ko lang po kasi yung employer po namin tinanong kame ng team namin kung gusto ba namin makuha ang 13th month pay namin mid year bali isasabay na sa pay day ngayong end of june , so pumayag po kame infact exited pa kame. Then dumating na ang sweldo namin at na gulat po kame na hindi sinama ang half ng 13th month namin, tinanong namin ang HR ang reason nila is na delete daw ang mga names namin di daw napansin. nag expect po kame eh , tapos wala pala. Negligence ng HR yun dba po ? ano dapat gawin sa ganyang situation ?

    [Reply]

  360. Mary Grace Baluyot Comment:
    July 10th, 2013 at 10:43 pm

    Hi,

    I’ve been following up with my company with regards to my clearance, its been 10 months now and the HR is always answering me that they are still evaluating my pending. Pending means to the items borrowed by my customer (since i was in sales at the company). Thing is, I think they are planning to make some charges on me since most of the equipments that have been borrowed by my customers have some missing parts or have a defect upon return. Borrowing of equipments by customers is allowed by my former company since this is one way of making a sale. And according to the contract that i have signed upon resignation, my clearance should be available within 6 months. I’ve been very patient with them. What shall I do now?

    [Reply]

  361. hi ask ko lang po regarding po sa backpay nmin,bali project based lang po kmi sa japan po ung boss nmin wala po bngy smin na 13th month pa or khit anong benifits.ang nangyari po pinull out po ung account nmin ng japan so ang sabi po smin wla daw po kmi mkukuha khit man lng seperation or khit ano wala po.so ang question ko po 1yr po ako ng work sknla then nabigla po kasi kmi sa gnwa nila pag pullout sa account nmin mawawalan po kmi ng work pero wala po kmi matatanggap n khit ano bayad gling sknla kasi project based lang dw kmi anytime pwde daw po nila icut un e k2pirma lng po nmin ng contract for 6mons again nung last june un nga lang ncut n po nila.possible po ba n meron kmi makuha pera gling sknla?? pls help me po……

    [Reply]

  362. sa sales po ako bali call center agent po ang boss po nmin ay isang japanese,meron po kmi compny dito sa pinas un nga lang po sknla lang binabagsak ung sahod nmin.tinanggalan po nila kmi ng trabaho tas wala po kmi mkukuha khit ano man fee gling sknla…pls help me po kung wat po ung ggwin nmin.

    [Reply]

  363. sa company po kc namen nkakaltasan po kme late. piso per minute. ask q lng po kung kasama po ba sa deduction yung mga late sa computation on 13th month pay??

    [Reply]

  364. Arlan Pineda Comment:
    July 24th, 2013 at 03:37 pm

    Hi Sir,

    How to compute the 13th month of 5 months contract?

    Thank you,

    Arlan

    [Reply]

    admin Reply:

    5/12 of the monthly salary.

    [Reply]

  365. Hi Good day!

    I just want po to inquire pano po if nagave birth/miscarriage/ abortion, pagdating po ba ng 13th month pay Hindi po kasama sa computations yung 2 months na naka leave? Ibababwas po ba talaga un sa basic salary mo?

    Thank you,

    [Reply]

  366. Joyce Comment:
    July 29th, 2013 at 09:07 am

    Hi Good day!

    I just want po to inquire pano po if nagave birth/miscarriage/ abortion, pagdating po ba ng 13th month pay Hindi po kasama sa computations yung 2 months na naka leave? Ibababwas po ba talaga un sa basic salary mo?

    Thank you,

    [Reply]

  367. Hello

    Tanong ko lang po kung possible bah na hindi mag bigay ng
    13month ang company. Kasi nag resign kasi ako this July30 lang,
    then sabi daw ng mga friends ko na mandatory daw ang 13month.
    Ngayon, tanong ko lang po kun dependi na bah yung sa company
    kung meron bah sila mabibigay na 13 month even alam din nila
    na I’m entitled to have the 13 month at regular na din ako na
    employee. 1yr and 6 months na ako sa company namin.

    Possible po bah yun, na dependi na sa company kun meron
    sila mabibigay na 13 month?

    [Reply]

  368. Hi, I worked in a BPO company as a supervisor (portfolio manager) and started with them January 30 2013 and resigned Aug 13, 2013. At the start of being employed till I resigned I had no job offer nor Employment contract. Does this make me ineligible for a 13th month pay? The company has many violations. Started operations even without a license which they only got June 15. Many rank and file employees resigned without any 13th month pay. Salaries are always delayed.
    Please advise me. thanks

    [Reply]

  369. Hello..In July 31, 2013 we decided to close our small business of carenderia/bakery/grocery after 7 months because the income is no longer sufficient to even cover the operating costs (rent/utilities)and its becoming a trend that we no longer happy to shell out further from our personal savings. One hired baker who has been working with us for 5 months, unexpectedly filed a complaint with the local NLRC claiming salary differential, 13th mo. pay, separation pay among others. We are still hurting from the considerable amount of monetary lost on the business. Are we, by law, obliged to pay this baker what he prayed for?.

    [Reply]

  370. Hi,
    I have been in a company since February 2012. I stayed there for 18 months. I was a regular employee. I decided to resign this September because I am no longer happy with my job. The company said that I won’t have my 13th month pay. Is this legal?

    [Reply]

  371. Good evening po
    Salamat po sa pagbibigay payo sa amin na naaagrabyado nang mataas na kompanya , tanung ko lang poh , nagkarap na po kami nang manager sa concealing sa dole po sa intramuros then nakipag aregalo po sila sa akin na babayaran po nila ako this comming sept 16 , 2013 sa halabang nabanggit (10,000) at nagkaroon po kami nang pirmahan na iclosed na po ang issue at pumirma po kami sa isang papel na may kasunduan (MINUTE PAPER) . tanun ko lang po ? pwede poh ba mapawalang bisa yun ? i mean closed na poh ba talaga yun issue or pwede pa umapila yung companya?

    [Reply]

  372. Hi good day, taxable po ba ang 13th month? Thanks

    [Reply]

    admin Reply:

    13th month pay, along with Christmas bonus and other benefits, is not taxable if the gross benefit does not exceed P30,000. If the gross benefit exceeds P30,000, the excess is taxable.

    As an example, let’s say you received 13th month pay of P10,000, Chrismas bonus of 10,000, and other benefits amounting to P12,000. Here, the gross benefit exceeds the P30,000 limit, hence the excess of P2,000 is subject to tax.

    [Reply]

  373. arnel pagdanganan Comment:
    September 21st, 2013 at 10:06 pm

    Sir, good day..
    Tanong ko lang po kung gaano dapat katagal ko dapat matanggap ang 13th month pay ko? July 12, 2013 pa po ako nagresign at july 30, 2013 po ako naclear sa agency ko..nagfollow up po ako ng 13th month pay ko pero sabi sakin ng agency ko, hindi daw nila maibibigay hanggat hindi nagbabayad yung client company nila ng 13th month pay ko..tama po ba yun? May nakapagsabi kasi na 1-2 months lang dapat..kapag lumagpas daw magreklamo na daw po ako..tulungan nyo po ako..

    [Reply]

    admin Reply:

    Maari kang mag file ng money claim sa National Labor Relations Commission (NLRC) for non-payment of 13th month pay.

    [Reply]

  374. Hello! I hav an employee who stopped working without notice last October 13, 2012 but submitted his resignation letter last november 15, 2012. Is he considered AWOL? Since he did not informed us that he will no loner be working in our office. Now, he is claiming for his 13th month pay. Is he entitled of it? Please advise. Thanks!

    [Reply]

    admin Reply:

    Yes, he may be considered AWOL if he stopped working without filing proper leave. At any rate, he is still entitled to 13th month pay, at least up until October 13, the last day he reported to work.

    [Reply]

  375. Hi, i am working in a goverment agency as contract of service employee..though stated that my employment status is no “employee-employer relationship”,the nature of work is same as with regular/permanent employees. I am working from monday to friday, with eight working hours a day and required to follow the rules and regulations of the agency same with regular/permanent employees but when it comes to benefit, we are not entitled..Is there any solution to this, on how us contract of service employees availed the benefits enjoyed by regular/permanent employees, even just 13th month pay, since we are working same as them?

    [Reply]

  376. Jun Magdaraog Comment:
    September 29th, 2013 at 04:14 am

    Just a clarification re this clause:

    “Computation
    Only basic salary is included in the computation of 13th month pay. Allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances, shall be excluded from the computation.”

    I am receiving an incentive every month and this is included in my 13-month pay. It has reached more than P30T and was told that this would be taxed. Should my incentives be included in my 13th month pay and if this is correct can you kindly show me how do i compute the tax that would be applied to it?

    [Reply]

    admin Reply:

    Gross benefits (including 13th month pay, Christmas bonus, and other benefits) in excess of P30,000 is taxable. You have to sum up all your benefits to arrive at the gross benefits. If the sum exceeds 30T, the excess is taxable. Say, gross benefit is 40T, 10T is subject to tax.

    [Reply]

  377. Hi, i am currently working in a thrift bank for 2 years and 4 months. last July 29, 2013 i was able to used my maternity leave due to my miscarriage they just give me my sss and my salary for the month of august but they told me that i will no longer received my salary for September. September 30, 2013 i returned to work. My question is, if im going to resign this October 2013 how much 13th month pay will i get from my employer? my basic salary is Php 9,000.00. Will my maternity leave (60 days/2 months) affect the amount i will received for my 13th month pay? Thank You!

    [Reply]

    admin Reply:

    Your maternity benefits will not be included in the computation of 13th month pay (unless your company traditionally includes it in their computation). Only basic salary received is included in the computation of 13th month pay.

    [Reply]

  378. i mean how many months will be computed? is my 2 months maternity leave will be deducted in the counting months i go to work? kindly show me the computation. my basic is Php 9,000.00 im going to resign october 7, 2013. im a regular employee since june 1, 2011. thank you!

    [Reply]

  379. Daniel Gregorio Comment:
    October 6th, 2013 at 12:10 pm

    Hi ma’am/sir,
    I’ve been working 1 year and 2 months na po sa Theater Company, Tanghalang Pilipino Foundation, Inc. as a contractual, lately they increase my salary in P10,000 per month from a daily basis which is P350, excluded the 10% TAX, my question is am I entitled to pay the said TAX even my salary is less than the basic minimum wage?
    And one more thing am I entitled to receive a 13th month pay? Because the management said that I am not entitled to that because our company is “Foundation” is right?

    [Reply]

  380. Raynard O. Ruiz Comment:
    October 6th, 2013 at 04:16 pm

    Good day.

    I just want to ask if when should be the exact release of 13th month pay, and if its legal that the 13th month pay was not mentioned and would be released beyond the usual date of release?

    [Reply]

  381. ask ko lang po kung makukuha ko po ba ang 13th month pay ko kung ako po ay may contrata sa aking kumpanya pinapasukan, kasi po di ko ito matatapos kaya magbabayad pa po ako ng bond at balak ko po sana na iawas un sa 13th month pay ko, kaso sabi nila wala na raw ako 13th month kasi “breech of contract” daw po…please reply naman po asap. thanks po

    [Reply]

    rosauro Reply:

    ask ko lang po kung makukuha ko po ba ang 13th month pay ko kung ako po ay may contrata sa aking kumpanya pinapasukan, kasi po di ko ito matatapos kaya magbabayad pa po ako ng bond at balak ko po sana na iawas un sa 13th month pay ko, kaso sabi ng hr namin wala rin daw ako makukuha na 13th month pay kasi “breech of contract” daw po…please reply naman po asap. thanks po

    [Reply]

  382. Hi, bago lang po ako sa company. September 30 ako nagsimula ngayong 2013.. may makukuha po ba akong 13th month pay sa December? thanks!

    [Reply]

  383. Good Day! Ang company namin is Outsourcing ang business. Bale ang client namin is TELCO. Meron kami mga 60 resources na naka deployed dun sa TELCO company. Ask ko lang sana, ano ba ang tawag sa mga resources namin na naka deployed sa TELCO? Contractual, Project Based or what? Also, dito ko na rin ask, entitled ba sila sa 5 days Service Incentive Leave? Thanks and God Bless.

    [Reply]

  384. hi. im a former operations manager. But i was paid on a “no-work, no-pay” basis.. and all directives ay galing pa din sa owner ng shop… as in all.. I just make bantay sa shop and relay all communications sa kanya kasi nasa abroad sya.. but still all decisions are from the owner. I received P500/day salary if whole day, and paid per hour. per day ang salary ko.. Am I still entitled for a 13th month pay?

    [Reply]

  385. Hello Sir,

    Need your kind assistance and enlightenment regarding how the final or backpay is computed.

    I was hired last April 2012 and i submitted my resignation effective November 4th 2013. My basic salary is 17,500 and according to my payslip the Year to Date witholding tax is 25,000.00. and as per HR i can get the backpay after 30 days after the effectivity of my resignation…Please advise…Thank you in advance

    [Reply]

  386. Hello Sir,

    Need your kind assistance and enlightenment regarding how the final or backpay is computed.

    I was hired last April 2012 by an in-house contact center and i submitted my resignation effective November 4th 2013. My basic salary is 17,500 and according to my payslip the Year to Date witholding tax is 25,000.00. and as per HR i can get the backpay after 30 days after the effectivity of my resignation…Please advise…Thank you in advance

    [Reply]

  387. hi mam/sir,
    i would like to us if entitled to 13th month pay,if i resign this coming November this year.my length of service its been 10years and also i would like to know if choosing resign or forced resign?the company will possible pay me for that service?pls.reply,thank u

    [Reply]

    admin Reply:

    Yes, you are still entitled to 13th month pay even if you resign.
    As to separation pay, you are not entitled to it if you voluntarily resign (unless it is the company’s policy/practice to give separation pay even to resigning employees).

    [Reply]

  388. good morning dole, isa po akong empleyado sa isang restaurant, ask ko lang po kung may laban po ako sa situation ko, regarding to my 13th month pay, nag start po ako mag work form dec 28 to may 28 with contract, naibigay naman nila sakin yung 13th month pay, but sad to say nung i was planing to transfer department which is in the kitchen na po, i’m under observation for 1 month po sa dinning before daw ako ma i transfer s kitchen from may 28 to june 30 ang binigay na palugid sakin then i pass naman po, then ayun n nga nai transfer na po ako sa kitchen from july 1 to augs 30 wala po akong contract pina sign lang ako ng contract for 2 months training without 13month pay daw… but still im not qualified daw sa kitchen so they give me another 2 months but still wala paring contract and still no 13th month pay pero kinakaltasan po nila ang salary ko for my SSS AND PHIL HEALTH, from july 1 UNTIL oct 31 NALANG PO ako, may chance po ba ako?

    [Reply]

    admin Reply:

    Ayon sa Labor Code, ang isang empleyado ay itinuturing na regular employee, may kontrata man o wala, kung ang kanyang trabaho ay mahalaga o angkop sa karaniwang pangangailangan ng isang kompanya. Halimbawa, sa isang restaurant ang trabaho ng isang kusinero o waiter ay mahalaga o angkop sa karaniwang pangangailangan ng negosyo, kaya marapat silang ituring na regular employee may kontrata man o wala. Gayunman, pinapayagan din batas ang employer na ilagay muna sa probationary status ang isang empleyado upang matiyak ang kanyang kakayahan bago siya gawing regular. Kaya lang, nakasaad sa batas na dapat ay hindi ito lalampas ng anim na buwan, maliban nalang kung may kaukulang apprenticeship agreement. Kapag lumampas sa anim na buwan, itinuring na ng batas na siya ay isang ganap na regular employee, may kontrata man o wala. Bilang regular na empleyado, taglay niya ang lahat ng karapatan tulad ng security of tenure, atbp.

    [Reply]

  389. and 1 more thing pa po, our company does not comply with overtime pay, instead offset nalang po, minsan hindi na po namin nagagamit or nbabayaran yung over time… they want it as a charity nalang daw… all i know din po na pasok na ako sa 13th month pay kaso from june 1 to until oct 31 ay wla po akong contract di po nila ako pina sign pero kinakaltasan po nila SSS ko and PHILHEALTH, sana po matulungan nyo ako sa kaso ko DOLE thank you.

    [Reply]

    admin Reply:

    Bawal din sa batas ang offsetting ng overtime pay. Hindi rin kailangan ng contract to become entitled to 13th month pay.
    You need to consult your lawyer to help you with your DOLE case.

    [Reply]

  390. Imram Mirza Comment:
    October 17th, 2013 at 07:22 am

    Good Morning Ted

    I am currently working on a Payroll project for Philippines and have been in regular discussions with the Bureau of Internal Revenue. This question seems to be a little tricky for even the BIR.

    Could you please help me with this query with regards to the 13th Month bonus;

    For my example question – An employee Mr Arnold was of the Non Rank-and-File Position i.e. a managerial position for 11 months of the taxable year from January to November. He was on the salary of 1000 pesos/month.
    On the 1st of December, Mr Arnold was demoted from the managerial position to the Rank-and-File position. His salary reduced from 1000 pesos/month to 800 pesos/month.

    My questions are:-

    (a.) Does the 13th month bonus apply to Mr Arnold?
    (b.) Does the 13th month bonus apply based on his salary for just the last month i.e. December which is 800 pesos?
    (c.) Or Does the 13th month bonus will still be calculated for the whole year on a pro-rata basis?

    Your help in this matter would be greatly appreciated.

    Best Regards

    Imran Mirza
    Business Analyst
    Frontier Software
    Melbourne
    Australia

    [Reply]

    admin Reply:

    (a) Yes. 13th month pay law applies to all rank-and-file employees who have worked at least one-month in the calendar year.

    (b,c) The 13th month pay should be at least 1/12 of the basic salary earned by the rank-and-file employee during the year.
    In Mr. Arnold’s case, I think his salary earned as a managerial employee may be excluded in the computation (unless there is existing company policy/practice that says otherwise). I am not aware of any actual case though, so I can’t be so sure.

    [Reply]

  391. herlyn bonifacio Comment:
    October 18th, 2013 at 02:46 pm

    dear sir,
    ask ko lang poh, 8 years na poh kasi ako sa work ko at ndi ako nakakarecieve ng 13th month pay since then, 9000 per month poh ang sallary ko how will i able to collect my 13th month pay? panu poh ang computation?

    [Reply]

    anjo Reply:

    report mo na sa dole yang boss mo.

    [Reply]

  392. herlyn bonifacio Comment:
    October 18th, 2013 at 02:49 pm

    and also how if they fire me for some reason? what would i do?

    [Reply]

  393. sofia theia Comment:
    October 24th, 2013 at 08:33 pm

    what if the company was not able to give the whole 13th month pay before december 24 but promised to give the rest by january or february, is that okay?

    [Reply]

    admin Reply:

    The 13th month pay must be paid not later than December 24 of each year.

    [Reply]

    sofia theia Reply:

    what if they be able to give the full (100%) amount before december 24, is that against the law?

    [Reply]

  394. Hi!im on a maternity leave until December 17, 2013. Our 13th month pay will be released on November 20th of this year,I just wanna ask if I will be given still even if I’m on maternity leave?Will it be prorated?

    [Reply]

    admin Reply:

    Yes, you are entitled to 13th month. Maternity benefit is legally not included in the computation of 13th month pay (unless your company has been traditionally including the same in its computation). Please read my post on Non-diminution of benefits.

    [Reply]

  395. Hi po,

    sana po mabigyan linaw lang po yung question sa isip ko,. ako po ay nag work sa isang korean partnership company, then after 1year and 1 month na nag work po ako dun nag decide po yung korean partners na mag split na,. nabigyan po ako ng backpay at 13th month pay ko from jan 2013 to june 2013,. then month of july po before mag close yung company inabsorb po ako ng isa sa mga boos ko (since nag tayo na po siya ng sarili nya business) so meaning po yung year of service ko po sa boss ko na yun ay almost 2 years n po,. pano po ba ang computation ng 13th month pay dun? should i get the whole 13th month pay po ba or yung start lang po ng july? (kung san ng start po ako mag work sa new business niya ). PLS po need answer lang po alam ko po yung sasabihin ko sa boss ko.

    HOPING FOR YOUR PROMPT RESPONSE..
    THANKK YOU and GOD BLESS po!

    [Reply]

    admin Reply:

    Ang computation ng 13th month pay ay dapat ibase lamang sa pagsisimula ang iyong trabaho sa bagong kumpanya. Tama lamang din ito dahil nabanggit mo nga na nabayaran ka na ang proportionate 13th month pay for the month of Jan 2013 to June 2013 ng dati mong kumpanya.

    [Reply]

  396. Hello Sir. I retired from the government five years ago. Two years into my retirement, the partner-foundation of my GO-employer took me in as Media Consultant (I administer and edit the foundation’s website, handle publicity, prepare the annual report, write speeches,reports, etc.) for a fixed monthly pay. I am also required to report twice a week,afternoons only but the actual work I do is mostly home and computer-based. Last June, I signed my third consecutive contract (for 12 months) with the foundation.

    I also work as special editor for a publishing house, getting a monthly stipend. I am on my fourth successive year in this other job, under contracts renewable every five months.

    While writing an article on the 13th month pay for the website I am handling, I came across “special cases” — i.e. employees with multiple employers.

    Reading this special provision made we wonder whether I should be entitled to the 13th month benefit.

    Your advice/thoughts would be very much appreciated

    [Reply]

    admin Reply:

    Yes, an employee with multiple employers is entitled to 13 th month pay from all his/her employers.
    (Just a side note, some employers do not consider their consultant as “employee” but as an “independent contractor”. So, you may want to check your status first.)

    [Reply]

  397. Mary Christee Comment:
    November 1st, 2013 at 12:54 am

    I was hoping i could ask you a question about 13th month pay.
    My salary according to my contract is 30,000 inclusive of 4,250 allowance and inclusive of night differential. If i worked for the company for 4 months how much should i get as my prorated 13th month pay? How should I compute it? They did not specify how much is the real basic salary in the contract and on my payslip it is showing there that the basic pay is 30,000.

    i hope you could give me some insights about it. thank you. i hope to hear back from you

    [Reply]

    Jomar Reply:

    Yes! Rest assured your monthly basic salary is 23 or 24,000 multiply it to the number of months you stayed from your company. 24,000×4=96000. Result will be divided into 1 year or 12 months: 96000/12=You should have estimated amount of 8000 13 month pay. hehehe

    [Reply]

  398. College Instructor po ako and then this 2nd semester hindi po ako narehire.. Makakukuha po ba ako ng 13th month pay. Nagwork po ako sa kanila since October 2011 hanggang November 2013.

    [Reply]

  399. good day sir,

    I`m working as a private school teacher for 2 yrs. and every year they compute only 10 months for our 13th month pay because their were no classes during summer, is the right?

    I`m planning to resign this November, entitled p po ba ako s 13th month pay?

    thank you po.

    [Reply]

  400. dennis@palexpress Comment:
    November 6th, 2013 at 03:50 pm

    paano po ang computation ng 13 month pay? kasi binabawasan po ung 13 month dahil sa absences na dapat e buo

    [Reply]

  401. Crystal joy fernandez Comment:
    November 8th, 2013 at 08:15 pm

    Hi gudeve! Gusto ko lang po malaman kung anu ung basis in giving the 13th month? Ung 13th month pay ba eh pareho sa sinasabi nating back pay?

    [Reply]

  402. Hi po,

    I was hired as project based consultant by an accounting firm(contractual position dahil wala daw open for probationary status). We are outsourced sa client to do accounting works. I work 8 hours a day, 5 times a week meaning hindi ko hawak oras ko. They deduct 10% EWT(for professionals), but not deducting SSS,HDMF & philhealth kasi daw considered kami as “self employed”. Sa contract na pinirmahan ko explicitly stated na I was employed by them. Sabi din ng HR the time na nahire ako na entitled ako sa 13th month pay and overtime pay. Months passed, i was not put into probationary dahil need daw na ma-assign muna ko inside ng office despite of the good evaluation that the client gave me. At dahil lumipas na ang June, I asked my manager about my 13th month pay. Sabi nya hindi daw entitled ang mga contractual only those na probationary and regular. I wanted to be sure first if this is right. Please enlighten me. Any reply would be much appreciated.

    [Reply]

  403. Hi Sir,gud day ! na operahan ako last july 4, 2013 total hysterectomy i’m 54 yrs old.. ang medical cert ko i can go back to work on sept 15, 2013 w/c is my 2 months sick leave.. pero while i’m recuperating yung boss ko nakiusap kung pwd ko daw monitor yung opis at mag follow up sa suppliers while she’s out of the country (business trip) ok lang ginawa ko naman… by the way ako lang mag isa sa opis all around yung work before ako na hospital iniwan ko temporary yung bro n while i’m in the hospital. My boss called me last week of aug and she told me since bigla nangyari at mawawala ako ng matagal meron sya kinuha pamalit sa akin silently na sinabi nya di na kailangan services ko at gusto nya mag file ako ng resignation letter dated aug 31 and she will not release my prorated 13th month kung wala yung resignation letter ko and i have to wait to 30-60 days for my clearance. wala po ako contract sa company nag start po ako last feb 2012…. kaya ayaw ko bigay resignation letter ko kasi nga po antay pa ako ng 30 to 60 days at yung magna carta for special leave for women huhulugan right now bigla po nya ako tinangal sa work after ng operasyon ko makatarungan po ba ang ginagawa nya? ano po ba ang dapat kong gawin? salamat and God bless you

    [Reply]

  404. Hello,
    I am a foreigner working in the phillipines, and i have a question, if we foreigners also is entitled to a 13th month salary, and if so, does the taxation of our basic salry have any influence on wether we are entitled or not?

    [Reply]

  405. Good day ! I just want to ask if ever I will have or file my resignation this month of november and rendering until december, am I still entitled for 13month pay? Is there a specific day of november that I should start to file my resignation notice? Please let me know. I’ve been with the company since April2012 up to present with a contract until april2014.Thank you in advance, any immediate reply will be much appreciated.

    [Reply]

  406. Good day po..if ever mag file ako nang resignation this november last day, thin effective january 2014, maka tanggap ba ako ng 13th month pay sa december?

    [Reply]

  407. resigned girl Comment:
    November 15th, 2013 at 05:30 pm

    Hi, our company usually releases our 13th month pay on the first 7 days of every dec. While I have resigned effective dec 15 2013, do you think I should be getting my 13th month or can the employer hold its release? Thanksa

    [Reply]

  408. I’ve worked as a Call Center Representative from Nov. 13,2012 and resigned last Aug. 02, 2013..I’ve worked for a total of 8 months… My basic salary is 15,000.00… Am I also entitled to have my 13th month pay? and how much will it be?

    Thank you so much… Good day!

    [Reply]

  409. if i am currently on maternity leave til end of this year, will i still be receiving my 13th month pay?.. if yes, is it prorated?

    [Reply]

  410. Good day!

    Ask ko lng, what if kung agency hired, still rank and file, and contractual basis for 4 months, are we entitled to receive 13th month pay.

    Thanks

    [Reply]

  411. Our company is giving an employee referral fee of 10K (net of tax).
    As advised by HR, they have include the referral fee in the 30K non taxable. Therefore, the taxable amount in my 13th month pay increased to 15,000 instead of 5,000 only.
    For example if my basic salary is 35000
    taxable amount should be 5,000 only. Since the 30,000 is non-taxable.
    Is it legal to include the 10k referral fee in the 30K non-taxable in the 13th month pay bonus?

    Doble na po ang tax na nadeduct sa min. The gross amount of referral fee is 14,000 plus but we have only received the 10,000 tapos, sinama p apo yung referral fee sa 30K non taxable na dpat ay para lang sa 13th month pay.
    Please advise po.

    Thank you.
    Allaine

    [Reply]

  412. how to compute the 13th month if nagkaroon ng increase around middle of the year? what will be the basis, the old rate or the new rate? will it be pro-rated or what? please advise. thanks!

    [Reply]

    anjo Reply:

    new rate less mid year bonus equals year end bonus

    [Reply]

  413. sir good evening,
    sir i was appointed Brgy. kagawad last july 3, 2013 and then last nov.15 2013 i was not paid my year end bunos but im still in service until nov.30 2013… thier explanation i did not completed the 4 mos required kulang ng 2 days. meron pa bng pag asa na mka claim pa ako ng year end bunos ko? salamat. ryan

    [Reply]

  414. ask ko lng po kung makakakuha po ako ng 13th month pay. nagwork po ako as Branch Accounting In charge – Trainee

    [Reply]

  415. I am now working as a facilitator in a private school. The employers have not asked me to sign a contract, however, I am working for 8 hours a day, monday to friday.

    When there was a class suspension due to typhoon, they told me that I have no payment for that day because I am a daily basis. It means, “NO WORK< NO PAY". That was the first time I have known about my case.

    This Tuesday, the employers have given to all the employees their 13th month pay aside from me. I asked one of the finance officers of the school and she said that they will not give me a 13th month pay because I am working in a daily basis.

    Is it really reasonable? Am I not entitled to receive a 13th month pay because I am working in a daily basis?

    Thank you so much for your answers.

    [Reply]

  416. Hi. I’m currently a private school teacher with a basic salary of 9000 pesos. I was hired last June 2013. Is my computation of my 13th month pay correct? Salary from June 2013 to December 2013 (9000×7 = 63000/12 = 5250) hope to hear from you soon. thanks

    [Reply]

  417. I would like to ask if its legal how the company compute our 13th month pay. As they say they compute it based on your gross income for the whole year then divided to 12mons.for example our basic salary is 15,000 so our annual gross income will be 180,000 then divided by 12 so the total is 15,000 BUT since the company have deductions for late & absences for example we just only reached 150000 for the whole year divided by 12 what we can have is only 12,500…is this legal?

    [Reply]

  418. Marvin Avila Comment:
    November 22nd, 2013 at 04:00 pm

    Hi, I am working in a BPO/Call Center Company. Been absent for 5 days and I never failed to notify the Company that I will be absent on a certain day. I even received a confirmation from them as a proof that they have received my notification. My question is, once I resume for work, does the Company has the right to tell me that I am terminated? If yes, will I still be receiving my 13th month pay to be released on December 10, 2013? Having said that “All rank-and-file employees, regardless of their designation or employment status, and irrespective of the method by which their wages are paid, who have worked at least one month during the calendar year are entitled to 13th month pay.”

    [Reply]

  419. Marvin Avila Comment:
    November 22nd, 2013 at 04:04 pm

    Hi, I am working in a BPO/Call Center Company. Been absent for 5 days and I never failed to notify the Company that I will be absent on a certain day. I even received a confirmation from them as a proof that they have received my notification. My question is, once I resume for work, does the Company has the right to tell me that I am terminated? If yes, will I still be receiving my 13th month pay to be released on December 10, 2013? Having said that “All rank-and-file employees, regardless of their designation or employment status, and irrespective of the method by which their wages are paid, who have worked at least one month during the calendar year are entitled to 13th month pay.” I was hired October 24, 2012. From thereon, signed my Probationary Contract sometime around December 2012. Then got regularized June 24, 2013.

    [Reply]

  420. good day! I was suspended for 15 days, and our HR informed me that I’m not entitled to receive my 13th month pay/year-end. ang naging basis is a certain memorandum from DBM citing na suspended employees are not entitled to receive their 13th month pay. I would like to know lang po kung tama nga ito. Thank you very much

    [Reply]

    carebear Reply:

    No, the payment of 13th month pay is mandatory, specifically provided under Presidential Decree (P.D.) No. 851. In case of non-payment of 13th month pay, covered employees could complain at the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC).

    [Reply]

  421. ask q lang po kung pumasok ng sunday at holiday, kasama po ba un sa computation ng 13th month pay.

    [Reply]

  422. ann buenaventura Comment:
    November 25th, 2013 at 12:23 pm

    If an employee gets demoted as well as his basic pay, how will the computation of his 13th month pay be

    [Reply]

  423. good day po

    tanong ko lg po kasi almost 4yrs na ako sa resort world manila nagwowork at ngayon lg naranasan na ystema.
    1) ung 13th month po ba ay taxable?
    2) pwd po bang gawin ng management na ibigay ung half nga 13th month at nxt month naman ung kalahati ng 13th month na un?
    3) pwd po bang gawin na ung half ng 13th month ay lagyan ng tax at ung kalahati ng 13th month wala?
    almost 70% sa amin ganun nangyari at wala naman explanation na ginawa ng companya kung bakit gumanon ung sistemao

    [Reply]

  424. Ask ko lng kasi ung employer nmin insisted that our 13th month pay should be computed as such.
    (basic salary / 12 / 22 / 8)*(number of hours worked) is this reasonable? considering that I have been working with them since April and they only gave me up to September worth of 13th month pay and it’s already end of November. Sabi nila they have been like that 20 years ago pa.

    [Reply]

  425. Alvin Domasig Comment:
    November 26th, 2013 at 03:41 pm

    Ako po ay regular employee sa isang private university sa manila. Ang concern ko po ay tungkol sa 13th month po namin na binabawasan pa nung mga late/tardiness namen sa boung taon. Halimbawa po un Basic Salary ko ay 16.000 a month un narecieve kong 13th month ngaung taon ay 13k+ lang. dahil binawas daw ung cost nung mga naging late at absent ko. May legal basis po ba un ginagawa nila.

    [Reply]

    carebear Reply:

    yes. it is a form of monetary assistance equivalent to the monthly basic compensation received by an employee, computed pro-rata according to the number of months within a year that an employee has rendered service to an employer (basic monthly pay/12 x number of months actually worked.

    [Reply]

  426. Hi,

    Our HR department, used “trainee” for newly hired employee for a period of 3-4 months especially if no work related experience on the position being given, and another 5 months as “probationary”, in computing the service incentive leave “SIL”, period covered starts when the employee was considered as probationary, the 3-4 months as trainee is not considered. Is it correct that the 3-4 months training period will not be considered? it says in the DOLE handbook that “when you start working in the company” it does not require status of employment… Please guide me,because this year I am the one assigned to compute, my understanding to my reading does not goes with the HR computation. thank you

    [Reply]

  427. Hi po. I’m working on a call center. I started last Feb, 2013. I told my Team leader that i might resign from the company but i didnt submit any letter and that was last September. Our 13th month pay will be released on Nov. 30. The company talked to me today 27 and asked me to choose between Termination or I will resign and i would stay until Dec 16. I’m just worried i would still receive my 13th month oand salary. and do they have the right to do this to me? i also dont know why they are doing this. thanks

    [Reply]

  428. Hi. Iam working for an english center, i chose to have only 2% tax deducted from my salary. the company actually gives us an option if we want to have 2% Tax only or the witholding tax deducted from our salary. I just want to know, if the tax deducted to us every month is only 2% tax, are we still entitled to 13th month pay? Coz that’s what our boss is telling us, that we will not receive 13th month pay since we are not paying the witholding tax. Isnt it that 13th month pay is company’s responsibility regardless of the tax we pay? I know we will not receive tax return but is it the same with the 13th month pay. Thanks!

    [Reply]

  429. November 28, 2013
    Trento, Agusan del Sur

    Hon. FLORENCIO B. ABAD
    SECRETARY
    Department of Budget and Management (DBM)
    Manila

    Sir:

    The undersigned Mr. Ryan D. Asis 38 years old, married, residing at Poblacion, Trento, Agusan del Sur, Eldest son of late Board Member Faustino “toto” C. Asis, wishes to be clarified regarding the grant of Year-End Bunos. I was employed casual since September 5, 2012 and continue rendering services until July 2,2013. I was appointed as Barangay Kagawad to fill the Vacancy casued by one Kagawad who wons as Sanguniang Bayan Member last May 13, 2013 Local & National Elections. I was lost in Barangay Election on October 28,2013 but I am still continuing my services as Barangay Kagawad. Until this writing. (November 22, 2013).

    6.1 Budget Circular No. 2010-1 dated April 28, 2010 states, “ the year-End Bunos Equivalent to One(1) Month basic pay as of October 31 of the year and the Cash Gift of Php 5,000.00 shall be granted to each personnel who has rendered at least a total or an aggregate of four (4) months of service from January to October of the year, including leave of absence with pay, and who still in the service as of October of the same year. 7.0 Grant of the Year-End Bunos and Cash Gift to Barangay Personnel…

    Sad to say, the Barangay Treasurer did not include me in the grant of half( ½) of my Year-End Bunos even if there is an appropriation being a vacated position. Her reason I lack two (2) days as Barangay Kagawad even if I started as appointed casual since September 5, 2012 and appointed as Barangay Kagawad in July 3 2013 and still rendering my services continuously until November 30 of the same year.

    Your kind and prompt action on this matter is highly appreciated make my Christmas a happy one.

    Thank you,

    (SGD)RYAN D. ASIS
    Concerned Personnel

    [Reply]

  430. Hi, i am receiving a monthly basic salary of P13,700.00 excluding the allowances given. just recently, i complain because i have no tax deduction so every month i am only receiving P9100.00. will it mean that the 13th month pay i will be receiving will only amount to 9100.00 ???

    [Reply]

  431. oliver domeyeg Comment:
    November 29th, 2013 at 11:03 am

    I am employee for 8months. since i was already receiving my SSS retirement, i requested the company not to deduct me SSS, philhealth and Pagibig but being deducted of tax. am i entitled to 13th month pay?

    [Reply]

  432. Juan Dela Rosa Comment:
    November 29th, 2013 at 12:31 pm

    nareceive ko na po 13th month pay ko pero may bawas. So tinanong ko ung secretary/hr nag ccompute ng payroll namin, sabi niya binawas nya ung average number of months of salary namin nung hindi pa nag iincrease ng sweldo which is march. tapos nag taas kami ng salary april.

    clarify ko lang kung tama po ba na bawasan yung 13th month base doon sa increasing ng salary. di ba dapat kung ano ung total mo ng salary ngayon, buo pa din yun regardless noong hindi pa nagtataas? kunwari nung jan to march ang sahod ko 15k tapos nataasan kami ng april 20k na. d ba dapat 20k pa din marereceive ko.?

    Please pakisagot po thank you.

    [Reply]

  433. Just wondering, we have new staff who only have been with us around four weeks. And By the time I will be paying the 13th month pay for the other staff, they would be a month. So does that mean we still need to pay them the 13th month pay november salaries they got?

    [Reply]

  434. Good day sir. may tanong lang po ako. i have worked for over 9 years kaya lang po i was terminated for just cause.nareciv ko ang letter ng company just last week. tapos po ngbigay na ng 13th month pay kaya lang yon sa akin hindi binigay kasi daw it was onhold. my question is tama po b na ihold nila? can i also claim my unused leave credits sick leave and vacation leave from them? di kasi nila yon binibigay samin kada taon bale nag aacumulate lang. I am looking forward for your reply kahit sa email ko din isend. God bless.

    [Reply]

  435. If we used our Vacation Leaves within the year, is 13th month pay pro rated?

    [Reply]

  436. gud day po i work in skin101 since 2011 ask ko lang kung tama po ba na ang 13th month salary ay bawasan din ng sss philhealth at pag ibig contribution at yung salary for that month 2x bawas?

    [Reply]

  437. I hope you can help with my is inquiry.I am employed last May 2012 in our company on June 2013 I give birth and have my maternity leave for 78 days. In short January to December i was employed and out for more than 2 months. My question is can I get my whole 13th month even I was in leave for more than 2 months this coming Dec 15 salary? thanks

    [Reply]

  438. greslyn salceda Comment:
    December 5th, 2013 at 09:05 am

    Good day,

    I would like to ask and clarify some things concerning computation of 13th month pay. My cousin used to work in a private lending company, he committed AWOL and terminated last November 15, 2013. Does computation of his 13th month pay includes November 16 up to December 2013?

    [Reply]

  439. Good Day!

    Nagstart po akong magwork sa isang private company noong April 26, 2013 bilang probationary with 10K salary, then regularized on Sept 11, 2013 with 11K salary.

    Paano po yung computation ng 13th month ko nyan? Considered po ba yung probationary period ko?

    Thank you in advance!

    [Reply]

  440. ronald pacleb Comment:
    December 5th, 2013 at 04:32 pm

    May i ask regarding sa Computation po ng 13th Month Pay and the Christmas Bonus. we are in the business for almost 6 years and i just want to know kung tama ang computation namin na is it Total Basic Salary for the whole year devided by 12. Basic Salary means the First 8 Hrs. of Reg. HRs. worked, First 8 Hrs. of Sunday & first 8 hrs of Holiday. Kasi yan po ang previous practice namin granting na kami ay nasa loob Compound ng isang company na ganyan ang Computation nila kaya we adopted it.Kung sakaling palitan po namin wala naman pu ba kaming linalabag na batas esp. the Non-Dominition sa mga nare-received ng mga employees namin?

    [Reply]

  441. caren pineda Comment:
    December 9th, 2013 at 09:14 pm

    My case is I had hysterectomy last june 5, and upon doctors advice returned aug.5. the company did not pay my salary for two months while I am on leave. my salary was paid by sss on their own rate. my question is that, it is legal that my 13th month pay is only computed for 10 months because they say that this is so because I was not paid by them for 2 months. is this legal?

    [Reply]

  442. Hi gud morning po. nag work po ako ng almost 2yrs na sa company namin and nag start lng po sa halagang 6,050.00 monthly January hangang March and naging 10,000.00 a month po ako mula april until now. pde ko po ba malaman kung mag kanu makukuha kong 13th month pay ung kahit estimated nyo lang po. tnx :)

    [Reply]

  443. Herma Aquino Comment:
    December 11th, 2013 at 11:23 am

    I am working almost 2years in private company .My basic salary from january to june 2013 was 10,000 then on july 2013 we increase from 10,000 to 10600.. my question is what will be my 13th month pay, is it 10000 or 10600???

    [Reply]

  444. Herma Aquino Comment:
    December 11th, 2013 at 11:37 am

    We have 5 days SL and VL in our company.I used all my SL and VL, i also exceed my sick leave, our admin said the computation of our 13th month, they deduct the exceed sick leave and vacation leave even if we file the leave.It is can be? and also at the middle of this year we increase basic salary, but the HR said our 13 month pay will be the last monthly salary and not this current monthly salary. It is can be or not?? please reply…

    Thank You.

    [Reply]

  445. Eleanor Bautista Comment:
    December 11th, 2013 at 02:47 pm

    Hi,
    I am a private duty nurse for 1bedridden patient for 10 years already,I have no contract and up to now i am paid on a daily basis fixed amount.
    May i know if i am entitled to a 13th month pay?and can i go on vacation,business leave and sick leave every year with pay?I really don’t know what the rules are.because sometimes there are a few employers will not even give what you should have if you will not ask them,and how is it computed?
    Please would love to hear from you.
    Eleeh

    [Reply]

  446. Good day sir,magtatanong lang po,nagresign po ako nung dec.5 i’ve been in the company for 1 year and 3mos almost.but still they’re not releasing my 13th month dahil ichecheck pa dw kung may mga deductions.is 13th month entitled for deductions? ano po bang actions ang pwedeng gawin para po kasing they dont have any plans to release my 13th month pay e nagrelease na po sila sa ibang employees.thanks po for your help!godbless

    [Reply]

  447. i am hiring farm laborer and paid them in task basis..are they entitled of 13th month also?

    [Reply]

  448. ang lahat ng gawain sa farm ay naka task basis according sa rate ang bayad…ang mga trabahador ba ay dapat pa rin bayaran ng 13th month pay nila? o ang mga araw lang nag daily rate sila ang dapat e compute para sa kanilang 13th month pay?

    [Reply]

  449. i shld be enlighten im working as call center agent somewhere here at clark pampanga how come i didnt get any 13th month pay i just had my maternity leave po napaaga lang i stopped working oct 5th im suppose to have my leave on nov 1 kasi nanakit na tummy ko then went back to report to office on dec 5 2013 to fix our annual benefits….naguguluhan ako nde ba nakakatanggap ng 13th month pay and mga nag maternity leave or shld i still be entitle for that..help

    [Reply]

  450. good day..

    1 month suspended po ako from my previous employer 4 years na po ako dun…my last day of suspension was november 11, 2013..wala po akong nareceive na memo until now from them when to come back for work..gusto ko din po sanang makuha ang aking cashbond for 4 years,last pay at 13th month pay..medyo naguguluhan lang po kasi ako ang tawag po kasi sa akin ay branch manager pero sumasahod lang po ako ng 15k a month may matatanggap po ba akong 13th month pay?…sabi nila ay 3 months pa po bago mareceived lahat pag wala na sa company…tama po ba yun? pls any advise ay malaking tulong na po sa akin..thank you…

    [Reply]

    Jan Reply:

    If cleared kana sa company, with no pending obligations or cash liabilities then supposedly dapat makukuha mo na right away ang 13th month pay mo,

    [Reply]

  451. I resigned lat September from my employer and luckily I had a job. I would like to know if there’s any law and policies to Pag-ibig when it comes to paying the outstanding loan. I complied with their requirements to provide them a certificate as proof that I am presently working. Its been three months already I called our payroll and the one who is in-charge and they told me that it is still with our Accountant (consultant). I would like to know if there’s any law on this.

    [Reply]

  452. i was employed last June, 2012 and i was forced to resigned last Sept 30, 2013 but they asked me to stay until December 24, 2013 now they will not release my 13th month pay since it is covered by the final pay computation.. tama po ba yun na hindi ako makareceive ng 13th month tpos ang mga ksma ko sa office meron na.. gnon po ba tlg un..

    [Reply]

    Jan Reply:

    Check the break down of your final pay computation. You can ask to itemize the pay so you can see if the 13th month is really included.

    [Reply]

  453. Hi sir!i ask you because the 13th month pay i received is only 5000! I completed my 1 year in this conpany! My basic salary is 9100 a month?

    [Reply]

    Jan Reply:

    Request for the computation and why did they get 5000 as your 13th month pay. Although your basic salary is 9100, the computation of your 13th month pay is based on your total basic “net” salary,

    [Reply]

  454. sir good day po ask ko lng po kung may makukuha po ako backpay sa company pinasukan ko. naka3 kontrata na po ako nung una april23-augost23 2010. nakakuha po ako ng back pay nun. and nare-hire po ako nung june15-nov.15 2012.at dec.20-may20 2013. nakausap ko po ung auditor namin may makukuha po backpay sa last 2contract ko ng augost2013 pero hanggang ngayon po wala pa ko nakukuha. nagsabi na sila baka ngayong dec. pero hindi pa daw po sigurado un. ask ko lng po dapat ko pa ba asahan yun backpay na yon may batas po ba makakatulong sakin pra makuha ko yung pinangako nila backpay sa 2kontrata ko

    [Reply]

  455. Jonathan C Joaquin Comment:
    December 18th, 2013 at 10:07 am

    Good day!
    Last Dec. 10 is my end of contract but the HR was not early to give it to me and that was only communicated last dec 13. the HR told me I can resign immediately just to make it appear like i resigned and not end of contract. Can you please clarify this to me? I dont know if end of contract is the same as terminated from work. I believe it is end of contract since what was told there is just to have worked for 180 days which is six months. But the reason of not extending is due to misconduct. The supervisor whom i had trouble with, but i guess was not the right one to file it since we hat a misunderstanding. I filed her complaint last December 3 at HR which until now has not been given an action yet. So her reasons not extending my services is due to misconduct and she cited things such as “didnt want to be corrected and always making a face when being reprimanded. Has been caught a lot of times slouching on the chair and hates to be told about it. Had several troubles against colleagues. Has been caught sleeping. has been told to make notice of explanation for several times” things like that. But i guess it was not in the proper process. Can you call these grounds for termination? and will i be able to get 13th month pay this december because as what i have known when i consulted HR the 13th month pay has already been credited to us before i filed the immediate resignation letter that day. and also will i be able to get back pay ? hoping for your immediate response

    [Reply]

  456. Good day..nag resign po ako yesterday because hindi maganda ang sinabi ng employer ko and I decided to quit.Mahigit 1 year na po akong nagtatrabaho sa kanila sa cashier sa drugstore.ala kaming formal contract of employment kasi maliit na store lang siya..since nagresign na po ako at wala pa silang binibigay na 13th month pay,can I legally demand for tha?Your response will be highly appreciated..Thank you.God Bless

    [Reply]

    Jan Reply:

    Pwede po kayo mag demanda, pero ang challenge po nakikita ko is for you to prove the employer-employee relationship since wala po kayong formal na contract. If you can prove that, meron pong laban pero sa ngayon mahirap parin masabi at titignan muna ang facts ng kaso.

    [Reply]

  457. Tanong ko lang po sana kun me violation po ang pag mali ang compute ng 13th month pay? Tama po ba na kasama ang saturday sa computation? mali din ba kung kasama ang cola? paano po kung isinama sa computation ng 13th month pay computation and saturday kahit overtime pay pati ang cost of living allowances last year 2012. Ground po ba for termination yon ng taong gumawa ng ganung computation sa sarili nya?
    Salamat po.

    [Reply]

    Angel Reply:

    Tanong ko lang po sana kun me violation po ang pag mali ang compute ng 13th month pay? Tama po ba na kasama ang saturday sa computation? mali din ba kung kasama ang cola? paano po kung isinama sa computation ng 13th month pay computation and saturday kahit overtime pay and saturday nya at pati ang cost of living allowances last year 2012. Ground po ba for termination yon ng taong gumawa ng ganung computation sa sarili nya para sa ngayong taon na ito kahit may pirma pa ng mga boss yung 13th month pay na ginawa nya?
    Salamat po.

    [Reply]

  458. Good day! I just wanna ask about 13th month pay do i need to include the credit leave na hindi ginamit ng employee? in computing 13th month pay. hoping for immediate response.

    [Reply]

  459. Tanong ko lang po sana kun me violation po ang pag mali ang compute ng 13th month pay? Tama po ba na kasama ang saturday sa computation? mali din ba kung kasama ang cola? paano po kung isinama sa computation ng 13th month pay computation and saturday kahit overtime pay and saturday nya at pati ang cost of living allowances last year 2012. Ground po ba for termination yon ng taong gumawa ng ganung computation sa sarili nya para sa ngayong taon na ito kahit may pirma pa ng mga boss yung 13th month pay na ginawa nya?
    Salamat po.

    [Reply]

  460. ngstart po ako sa aking trabaho bilang janitor february 06,2013 hanggang ngayon entitled po ba ako sa 13th month pay?

    [Reply]

  461. Hi! Good day po..meron lng po aqng ika clarify..ngwork po kasi aq sa isang company which is under agency for 1 year and 2months every 5 months pumipirma kmi ng new contract,clearance and then quitclaim..tapos mkukuha nmin ung tintawag nilang 13th month pay na ang lam po nmin ay backpay..nkadalawang contract po aq and 2 months lng sa pangatlong contract q,bali twice lng po aq nka received ng backpay..ang concern q lng po ay kng wla po b tlaga kming marereceive na 13th month pay ngayong december kasi po un po ang sabi ng employer nmin..ung 13th month daw po nmin un n daw po ung binibgay nila every 5months pag pirma nmin ng new contract nmin..start po aq dun nung nov.2012 to december 2013 ngresigned n po aq…tama po b sila?sana po ay matulungan nyo po aq..thanks po.

    [Reply]

  462. pls reply po gusto ko lng po tlaga malaman

    [Reply]

  463. janice endencia Comment:
    December 25th, 2013 at 08:31 pm

    helo i was employed last march 16 2013 and i was janitress to resigned last OCT.26 2013 but they asked me
    sir just finished daw ng nagbibigay ng 13month pay dec 20 2013 . pero hindi nila ako nagbigay ng 13 month pay,mga kasamahan sa trabaho ng 13 month pay.. tama ba inyo sir …asap

    [Reply]

  464. Hi,

    I was former employee of a professional audio system company and work there as an account executive for only 3mos. Our employer told me that I was one of the 2 employees na matatanggal because they were currently cutting expenses during that time, they requested na mag file na lang daw ako ng resignation para daw hindi naman daw maging hindi maganda yung impression ng magiging next employer ko, that time iniisip ko na kaya nila ako pinagpapasa ng resignation letter is para maiwasan nila yung tinatawag na separation pay dahil ang labas ko yata dun sa company eh retrenchment employee. So hindi ko na masyadong pinatagal pa, wala pang 1 mo. after ko submit resignation ko eh nahire na ko sa isang life insurance company, yung dati kong employer nangako sa amin na maibibigay nila agad yung mga makukuha pa namin like yung last salary & 13yh month pay. Nagpunta ako sa office nila December 21 2013 to pick up my 13th mo. I was surprised nang makita ko yung check amounting of Php533.11, thats already my 13th month for 3mo. duration with basic salary of 12,000php. Hindi ko nireceive yung check bagkus nag iwan ako ng letter stating ng I have some questions and clariffications on how they computed our 13th mo. as of now wala pa ho akong feedback na nakukuha from them. Balak ko po sanang dumulog na sa DOLE, hindi na nga makatao yung ginawa nilang pagtanggal sa amin tapos hindi pa nila maibigay ng tama yung nararapat para sa amin bilang empleyado nila. Ngayon, gumagawa ako ng letter para ifollow yung concern ko regarding s13th mo. ko. Anu po yung best na gawin ko na naayon parin s proper procedure ng ating batas?

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  465. Good day!
    I’m a sales staff from an automotive company for almost 3yrs. This year ko lang nakuha ng buo ang 13th month ko, dahil yung 1st 6months ko i was a contractual then na-absorb at naging sales staff. This year end of November nagkaron ng rumor sa company na mababawasan na yung 13th month ng mga nag-exceed sa leave like(maternity leave). Mukang marami agad yung nag-react kaya hindi nila tinuloy. Akala namin ok na, hindi na nila itutuloy, pero bigla sila nagbaba ng memo na ipapractice na namin yung ileless sa 13th month namin kapag excess kana sa leave mo. Marami ulit ang nagreklamo dahil hindi man lang kami kinakausap personal ng HR namin para na raise naman namin yung questions namin sa kanila. Dun na sila nagdecide magpatawag ng meeting December 28, 2013. Una reason po nila, mali daw po yung computaion ng 13th month namin kaya daw po kami nasita ng DOLE. For 21 years ng company namin sa business ngayon nila sasabihin mali computation nila? Pano naman po yung daily basis yung sweldo sa min?
    Nagkaron din po kami bigla ng bagong code of conduct, effective daw po ito ngyon Dec 28,2013 pero nareceive na po namin ngayon dec 28, 2013 din. Tama po ba yun? Meron po sila idinagdag na “Notwithstanding compliance with the rules on filing leave, employees who’s consistently in the list of habitually exceeding the maximum allowable absences with pay, will be subject to TERMINATION from employment in accordance with the company policies. Absence is considerable habitual if accumulated number of days consumed is in excedd of the maximum allowable absences with pay for two (2) years. The offences and penalty provided in this section is different from AWOL governed by Article III under Work Related Offences.” Pano po kung valid naman yung mga reason at signed and approved naman ng supervisor, dapat pa din po ba nila yun i-count? Ngayon din po lahat ng holidays dapat na namin i-file ng leave para daw po mabayadan ultimo company outing at christmas party i-file din daw po ng leave. Diba po kapag ginawa namin yun dun pa lang mauubos na yung leave namin para lang hindi mabawasan ang 13th month namin. Pano naman po kapag kailangan na talaga namin yung mga leave namin na nagamit na sa iba. Meron din po kami naririnig na kapag isang corporate ang company ninyo kung hindi na nila kayang dagdagan benifits ninyo hindi din dapat bawasan pa,tama po ba un? Please, sana po mabigyan nyo ako agad ng answer sa tanong ko, dahil madami po sa min ang naguguluhan.. Thanks po!

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  466. icorrect ko lang po regarding sa effectivity ng bagong code of conduct.. 2013 effective yung new code of conduct pero from january – dec 26, 2013 wala po kami narereceive na code of conduct manual. Ngyon Dec 28, 2013 lang po nila naibigay sa lahat at sinasabi nila effective starting jan 2013 pa.

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  467. Good day! 3years n ko s work ko ng car wash at malaking company yun gus2 kong magreklamo kc ala kameng natatanggap n benefits at bonus panu b ang proseso dun? regular po ako dun ………………….. San po ako pwede magreklamo?! SALAMAT PO sa TULONG!

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  468. ask ko lng po. under agency kc ung asawa ko before pero endo n xa s company. ayaw po ibigay ung 13th month nya ng agency kc separated dw xa s agency. tama po b ung cnabe ng agency or pwde nmen cla ireklamo?thank you

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  469. Good day!
    Nagresign po ako sa company last november 2013 as a Sales promo sa isang dept. store. Hanggang ngaun po hindi parin narerelease ung 13th month pay, last pay at comission ko. Anu po dapat action gawin ko? its been 6 months na po kasi. Thank you

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    Jan Reply:

    Pwede po kayo mag padala muna ng demand letter sa former company niyo. Ipa receive niyo po yun sa kanila at bigyan niyo po ng taning, kung sa kali na di po sila rumespone sa inyong demand letter, pwede niyo na po ireklamo sa DOLE

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  470. Umabot po ba siya ng 1 month or more? kung oo, pwede po mag padala muna ng demand letter para pormal ang demand ng 13th month, after kung wala padin pong reply pwede nyo na po ireklamo sa DOLE,

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  471. Mary Grace Bacus Comment:
    June 7th, 2014 at 09:21 am

    Good Morning po. empleyado po ako ng isang kumpanya. pero hindi po ako direct sa company. Agency po ako. ang sabi po ng company namin may 13th month po kami kasi 1st month pa lang daw po eh hinuhulugan na daw po nila sa agency yung 13th month namin. 3rd contract ko na po ito pero wala pa po akong natatanggap na 13th month pay. kapag nagfofollow up naman po ako sa agency ko ang sabi tatawagan na lang daw po kami. Kailangan ko po yung pera ko pong iyon para maipadala sa pamilya ko pero matatapos na lang po kontrata ko wala pa din po akong narerecieve. kapag pinafollow-up ko naman sila pa yung galit. sinasabi din na ihohold nila salary namin dahil hindi daw kami makapaghintay. nangyari din po ito sa cashbond ko na every end of contract after 1month makukuha ko na po ang nangyari umabot pa po ng 3months bago ko nakuha cash bond ko at sila pa ang galit. may legal po bang pwedeng iaksyon saknila? nagmamadali po akong makuha yung 13thmonth ko at cashbond dahil sa contract nila nakasaad na pagnaterminate ka 13thmonth at cashbond is FORFEITED na daw po. pano na lang kung bigla po akong na endo e di po forfeited na lahat ng pinaghirapan ko. ano po gagawin ko? Salamat po.

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  472. Remedios dacurawat Comment:
    June 9th, 2014 at 06:51 pm

    Just want to know the meaning of task basis in exception in employers. My previous boss was a contractor ( build business centers, communication house and steel poles ) of meralco and they are claiming that they will not give 13th month pay for the contractual because they are only project base. Does that include in task basis that states in PD 851?

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  473. probationary lang po ako sa company for about 3 months, ano po ung mga rights ko? Do i have a portion for the 13th month n din ba? If they will grant my request to resign, ano po makuha ko? What if na terminate naman ako, ano ung mga possible ko makuha?

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  474. hello po sir,

    nag work ako sa isang 5 star hotel as massage therapsit attendant po 1 year na po ako..only 15% comission lang po nakukuha namin at 100 peso po na allowance per day sa 600 pesos one hour massage namin 90 pesos lang po sa amin and at 900 hundred 2 hours massage 135 lng po sa amin and work po namin 1 pm to 12 midnight po.wla ka ming philhealth at sss or ni isang benefits na nakukuha kahit insentives po ang sabi nila hindi daw kami belong sa hotel and we found out na my kinuha sila ng 10 % service charge from our sales sa spa na hindi kami kasali tama ba yun ginawa nila?sabi ng manager namin iba daw kasi may ari ng spa?please po makisagot po sir…salamat ..God bless po …

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  475. Good afternoon Sir, ng work po ako s using 5 star hotel I was assigned in spa..my first contract I signed last august 2013 kami po ay first batch n n hired sabi ng boss nmin Hindi kami belong s hotel kayak commission basis points kami ng 15% sa amin at my 100 allowance per duty,wla po kaming sss or kahit among benefits n natanggap galing s kanila except lng po said commission and allowance at 1 free meal.start ng work namin is from 1 pm to 12 midnight po..last January our boss told us n he turn over kami sa hotel 6 therapist po Jami wlang receptionist all around kami s work nmin still parin salary namin 15% commission and 100 per day…at ang bagong manager min at yung executive secretary ng general manager ng hotel pero f Hindi kami belong s hotel bakit my service charge sila from our sales tapos kami wla po?ang gusto ko lng po malaman f s isang spa ng 5 star hotel sa pilipinas ganito ba talaga ang pagpapasahod?umaasa po ako sa into ng mga sagot po sir….thanks po !God bless!

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  476. Hi. Since managerial employees are not entitled to 13th month pay, what particular benefit (similar to 13th month pay) are they entitled to?

    Thank you

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  477. I will be resigning this 7th month of the year. Can I demand my 13th month pay to be released on my last day of work since our accounting department is very hard with regard to releasing of compensations like this.

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  478. Hi!

    I have question po. Nag resign po ako effictive this July 31, 2014. Nag work po ako for 1year 9months sa company na pinagtatarbahuhan ko ngayon, ano ano po ang matatanggap ko sa resignation ko aside from 13th month pay? And paano po macocompute ang 13th month ko? First job ko po kase to and first resignation kaya hindi ko po alam ang gagawin at ayaw ko naman po na hindi makuha ang dapat makuha sa pinagtarbahuhan ko. Please guide me. Thank you po and GOD BLESS!

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  479. what if the company will not give the 13th month pay?

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  480. matet panganiban Comment:
    August 27th, 2014 at 01:10 pm

    Gud day ! tanong ko lang po kung makatangap po kaya ako ng 13th month pay start ako work feb 05 2014 until now by december po kaya makatangap ako 13th month pay. Paano po cumputation nun 14k month ang salary ko. thank you
    please reply

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  1. […] this sector so God only knows what the actual figures may be. I won’t even bother to explain the 13th month pay, a mandatory requirement going back as far as 1975. Needless to say the undocumented workforce does […]