No exemption, deferment of 13th month payment

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• CHERYL G. CRUZ

The Department of Labor and Employment said it will not accept request or application for exemption, or deferment, in the payment of the 13th month pay.

DOLE Secretary Bienvenido Laguesma, in Labor Advisory 13 signed Nov. 21, said the 13th month pay shall be paid on or before Dec. 24.

“No request or application for exemption from employers, or for deferment of its payment, shall be accepted and allowed,” Laguesma said.

The 13th month pay shall be paid to rank-and-file employees in the private sector, regardless of their position, designation, or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one month during the calendar year, the advisory said.

It shall also be given to rank-and-file employees, who are paid on a piece-rate basis, fixed, or guaranteed wage plus commission; those with multiple employers; and those who resigned, were terminated from employment, or were on maternity leave and received salary differential, Laguesma said.

“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. It shall include all remunerations or earnings paid by his or her employer for services rendered, but excluding 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 shift differential and holiday pay, and cost of living allowance,” he added in the advisory.

“However, these salary-related benefits should be included as part of the basic salary in the computation of the thirteenth-month pay if these are treated as part of the employee’s basic salary, through individual or collective agreement, company practice, or policy,” the DOLE official said.

The employers shall make a report of their compliance through the DOLE Establishment Report System at https://reports.dole.gov.ph/ not later than Jan. 15, 2025, even as concerned DOLE regional/field offices shall also strictly monitor that this labor advisory is followed and implemented. | CGC