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Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMEN
Intramuros, Manila
RECEWEN AY,
DEPARTMENT ADVISORY NO. 02
Seties of 2012
Payment of Thirteenth-Month Pay
Pursuant to the provisions of Presidential Decree No. 851 and its
implementing Rules and Regulations requiring employers in the private
sector to pay their rank-and-file employees a 134 Month Pay on or before
December 24 of every year, all covered employers are hereby reminded
to comply with the following rules:
|. DEFINITION OF TERMS
1. “Thirteenth-month pay" shall mean one twelfth (1/12) of the basic
salary of an employee within a calendar year.
x
. "Basic salary” shall include all remunerations or earnings paid by an
employer to an employee for services rendered but may not include
cost-oHiving allowances, profitsharing payments, cash equivalent of
unused vacation and sick leave credits, overtime pay, premium pay,
night shift differential, holiday pay, and all alowances and monetary
benefits which are not considered, or integrated, as part of the regular,
or basic salary of the employee.
ll. COVERAGE
Rank-and/-file employees in the private sector shall be entitled to
13" month pay regardless of their position, designation, or employment
status, and itrespective of the method by which their wages are paid,
provided that they have worked for at least one month during the
calendar year.
UL TIME OF PAYMENT
The 13 month pay shail be paid not later than December 24 of
every year. An employer, however, may give fo his or her employees
one-half (1/2) of the 13" month pay before the opening of the regular
school year and the remaining half on or before December 24 of every
year.IV. AMOUNT OF 13™ MONTH PAY
The minimum 13th month pay required by law shall not be less than
cone-tweltth (1/12) of the total basic salary earned by an employee within
acalendar year.
V. FORMULA AND COMPUTATION OF 13™ MONTH PAY
Total basic salary earned during the year = Proportionate 13" month pay
12 months
Wlustration: Using the basic wage in the National Capital Region of
426.00 per day and a six-day workweek or an equivalent Monthly Basic
Salary of P11,111.50, to wit:
January no absence P11,111.50
February no absence PV1INLSO
March I day leave w/pay ——P11,111.50
April no absence P11,111.50
May 2daysleave w/pay —P11,111.50
June 2daysleavew/pay —P11,111.50
Juy no absence PILAT1.50
August 2days leave w/o pay P10,259.50
September ‘on matemity leave? no salary
October ‘onmaterity leave no salary
November no absence eee
December Sdaysleave w/o pay P_8981.50
Total Basic salary earned ~———P108, 133,00
P108,133.00 / 12 months = P9,011.08
P9,011.08 is the proportionate 13" month pay
VI. REPORT OF COMPLIANCE
Every covered employer shall make a report of his compliance with
the law fo the nearest Regional Office not later than January 15 of each
year. The report shall conform substantially with the following form:
"The additional P30.00 COLA under Wage Order No. NCR-17 (426 + P30 COLA= P456), is nat i in sc
‘salary in computing the 13" month pay. 7 cen te ine
"The 2 mnt metry eae inched nthe campunton of 1 mith pay bese te
‘has no eamings from the company for the said period. ny eeeReport on Compliance with PD No. 851
Name of establishment
Address
Principal product or business
Total employment
Total number of workers benefited
Amount granted per employee
Total amount of benefits granted
Name, position, and telephone number of
person giving information
PN SO RON>
Please be guided accordingly.
ROSALINBA DIMAPILI @ BALDOZ
Secretary
16 November 2012