DOLE urges workers to report nonpayment of 13th-month pay

Published by rudy Date posted on December 9, 2010

THE Department of Labor and Employment (DOLE) on Wednesday warned against employers who failed to pay the mandatory 13th-month pay and asked workers to report to the department these violators for possible disciplinary actions. According to Labor Secretary Rosalinda Dimapilis-Baldoz employers should not shirk from their obligation to release them the mandatory 13th-month pay this year and the Labor department has provided in its national and regional telephone hotlines for the workers to report these violations.

“We would like to reiterate that it is the obligation of employers under the law, specifically Presidential Decree 851, to pay the 13th-month benefit to all workers and employees. If they are not paid, they can call our hotlines and tell us so,” Baldoz said.

All rank-and-file employees, regardless of the nature of their employment and whatever the mode of payment of their wages and who have worked for at least one-month during the calendar year are covered by the 13th-month pay requirement.

The minimum amount of the 13th-month pay should not be less than 1/12 of the total basic salary of the employee.

For purposes of computing the 13th-month pay, the basic salary shall include all remunerations or earnings paid by the employer for services rendered but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary.

These allowances and monetary benefits include cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost of living allowances. 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, these are treated as part of the basic salary.

The companies are required to pay the 13th-month pay not later than December 24 of each year. They, however, may pay one half of the 13th-month pay before the opening of the regular school year and the balance on or before December 24.

Resigned or separated/terminated employees are entitled to the 13th month pay in proportion to the length of time he worked during the year, reckoned from the time he started working and up to the time of his resignation or termination.

In the National Capital Region, workers can call 339-2016; 339-2017; and 400-6242. At the DOLE central office, they can also call the DOLE Call Center at 527-8000 or 908-2917. They can also dial the Center at Globe 2917.

The other telephone numbers are as follows: Cordillera Administrative Region, (074) 424-0824; Region I, (072) 700-3879 and 700-3122; Region II, (078) 844-5516 and 844-0133; Region III (045) 455-1613 and (045) 455-1619; Region IV-A, (049) 545-7360; Region IV-B, (043) 288-1485; Region V, (052) 480-3058 and 480-5831; Region 6, (033) 322-8026; Region VII, (032) 254-9309; (032) 253-5156; Region VIII, (053) 325-5236; Region IX, (062) 991-2673; Region X, (088) 857-1930; Region XI, (082) 227-4289; Region XII, (083) 228-2190; and Region XIII (Caraga), (085) 345-5212.

Baldoz had instructed all DOLE national and regional officials to ensure that the above-mentioned hotline numbers should be manned by competent staff to answer all calls from workers and even the general public.–JOMAR CANLAS, Manila Times

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