THE Department of Labor and Employment (DOLE) yesterday reminded all private sector employers to pay their rank-and-file employees their 13th month pay, stressing that nobody is exempted.
Based on DOLE Advisory No. 23-2022, Labor Secretary Bienvenido Laguesma said the law does not allow any exemptions to be granted to any company regarding the 13th month pay.
“No request or application for exemption from payment of 13th-month pay, or for deferment of the payment, thereof, shall be accepted and allowed,” said Laguesma.
He said the 13th month pay must be paid to rank-and-file employees in the private sector regardless of their position, designation, or employment status, and irrespective of the method by which their wages are paid, as long as they have worked for at least one month during the calendar year.
The benefit, he added, shall also be given to rank-and-file employees paid on piece-rate basis, fixed, or guaranteed wage plus commission, with multiple employers, resigned or terminated, on maternity leave, and receiving salary differential are also entitled to 13th month pay.
“The minimum 13th month pay shall not be less than one-twelfth (1/12) of the total basic salary earned by an employee within a calendar year,” Laguesma said.
“The minimum amount shall be given without prejudice to existing company practice or policy, employment contract or collective bargaining agreement (CBA), if any,” he added.
Laguesma stressed that the 13th month pay must be paid on or before December 24, 2022 as provided under Presidential Decree No. 851.
