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Is the computation of 13th month pay contingent on one’s employment status?

13th month pay 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, those who resigned, were terminated from employment, or were on maternity leave and received salary differential. (Coverage, DOLE Labor Advisory No. 25, Series of 2023)

Powers and Functions of National Economic and Development Authority (Executive Order No. 230 or the Reorganization Act of the NEDA)

Under Section 5 of the Executive Order No. 230, the powers and functions of the Authority reside in the NEDA Board. The Authority shall primarily be responsible for formulating and continuing, coordinated and fully integrated social and economic policies, plans and programs. 

Supplemental Guidelines on the Implementation of Safety and Health Measures for the Prevention and Control of Tuberculosis in the Workplace (Labor Advisory No. 21, series of 2023)

Pursuant to Labor Advisory No. 21, series of 2023, the following are the encouraged work accommodations and arrangements the employers should provide for their employees diagnosed with tuberculosis:

Paid leave benefit on top of existing leave benefits under the company policy, collective bargaining agreement, the Labor Code of the Philippines, and special laws;
Flexible work arrangements, re-scheduling of work hours, and adoption of other work arrangements, including telecommuting; and,
Other benefits.

Employees Not Covered By The 13th Month Pay Law

The Labor Code distinguishes a rank-and-file employee from a managerial employee. It provides that a managerial employee is one who is vested with powers of prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge, assign or discipline employees, or to effectively recommend such managerial actions. All employees not falling within this definition are considered rank-and-file employees.

Are resigned or separated employees entitled to 13th month pay?

An employee who has resigned or whose services are terminated at any time before the time of payment of thirteenth month pay is entitled to this monetary benefit in proportion to the length of time he or she has worked during the year, reckoned from the rime he or she has started working during the calendar year up to the time of his or her resignation or termination from the service. (Revised Guidelines on the Implementation of 13th Month Pay Law)

13th Month Pay for Certain Types of Employees Under the Revised Guidelines on the Implementation of the 13th Month Pay Law

Pursuant to the Revised Guidelines on the Implementation of the 13th Month Pay Law, the following certain types of employees are also entitled to 13th month pay: Employees paid by results; Those with multiple employers; and,  Private school teachers.