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Q: Are Employees paid on result entitled to 13th (monthly salary x months worked) / 12 = 13th month

month pay? pay


 Yes. But there must first be a distinction between
piece rate workers, those who: (P7500 x 6 months) /12 = P3750
a. Piece rate workers working inside the work
premises of the employer and under the direct Q: Does different opinion on how to compute the
supervision of the employer. Thus, entitled to 13th 13th month pay justify a strike?
month pay.  NO. In the case of Islama Machine Works Corp vs
b. Piece rate workers who works outside the NLRC, the Court ruled that it is a nonstrikeable
premises of the employer whose hours spent in issue and a strike held on the ground that is illegal.
performance cannot be ascertained with The issue is not an one of a unfair labor practice
reasonable certainty and not under the direct but should be treated as a money claim.
supervision of the employer. Thus, not entitled to
13th month pay.
Q: What is a Report Compliance?
 Every covered employee shall make a report of
Q: Are Private School Teachers entitled to the 13th the compliance with the law to the nearest
month pay? Regional Office not later than January 15 of every
 YES, regardless of the months they teach or are year.
paid within the year, if they have rendered at least
one month within the year.

Q: How are those with Multiple Employers entitled


to 13th month pay?
a. Government employees working as part-time in
private enterprises, including private educational
institutions.
b. Employees working in two or more private firms,
whether on full or part time basis.

 They are entitled to the required 13th month pay


from all their 13th month pay from all their private
employers regardless of their earning from each or
all of their employees.

Q: If an employee resigned or was separated from


employment, is the employee entitled to a 13 th
month pay?
 YES. An employee who has resigned or whose
services were terminated at anytime before the
time for payment of the 13 month pay is entitled to
this monetary benefit.

Q:How computed?
 The employee is entitled to this benefit in
proportion to the length of time he worked during
the year reckoned from the time he started
working during the calendar year up to the time of
his resignation or termination from service.
To illustrate:
X worked for 6 months prior to the resignation . He
received a monthly salary of P7500. X’s 13th month
pay will be computed as follows: