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THE Department of Labor and Employment on Friday, November 22, 2024, said there will be no exemption to or deferment of the provision of the 13th month pay in the private sector. In its Labor Advisory No. 13 - 2024,
said all employers must timely give 13th month pays to their rank-and-file employees. 'No request or application for exemption from payment of 13th month pay, or for deferment of its payment, shall be accepted and allowed,' said . In its advisory, the labor department said the 13th month pay must be paid to all 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. It also said that those who resigned, were terminated from employment, or were on maternity leave and received salary differential are entitled to 13th month pay provided that they have worked for at least one month during the calendar year.
also stressed that the 13th month pay must be paid on or before December 24, 2024. In computing the 13th month pay, the labor advisory provided that it should not be less than 1/12 of the total basic salary earned by an employee within a calendar year. said a proportionate 13th month pay, meanwhile, must be computed by dividing the total basic salary earned during the year by 12 months. Presidential Decree No. 851 mandates employers in the private sector to pay their rank-and-file employees with their 13th month pay.
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