Thirteenth-month pay definition

Thirteenth-month pay means one twelfth (1/12) of the basic salary of an employee within a calendar year;
Thirteenth-month pay means one-twelfth (1/12) of the basic salary of an employee within a calendar year.The “basic salary” of an employee for the purpose of computing the 13th-month pay 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, such as the 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, the same are treated as part of the basic salary of the employees. (No. 4 [a], Revised Guidelines on the Implementation of the 13th-Month Pay Law; No. X [C], DOLE Handbook on Workers Statutory Monetary Benefits). Premium pay is not included in the computation of the 13th-month pay. (Davao Fruits Corporation vs. Associated Labor Union, G. R. No. 85073, Aug. 24, 1993, 225 SCRA 562). In the 2005 case of Honda Phils., Inc. vs. Samahan ng Malayang Manggagawa sa Honda, [G. R. No. 145561, June 15, 2005], it was ruled that for employees receiving regular wage, “basic salary” has been interpreted to mean, not the amount actually received by an employee, but 1/12 of their standard monthly wage multiplied by their length of service within a given calendar year. Thus, excluded from the computation of “basic salary” are payments for sick, vacation and maternity leaves, night differentials, regular holiday pay and premiums for work done on rest days and special holidays as held previously in San Miguel Corporation [Cagayan Coca-Cola Plant] vs. Inciong, et al., [103 SCRA 139 (1981)]. In Hagonoy Rural Bank vs. NLRC, [349 Phil. 220 (1998)], St. Michael Academy vs. NLRC, [354 Phil. 491 (1998)], Consolidated Food Corporation vs. NLRC, [373 Phil. 751 (1999)] and similar cases, the 13th month pay due an employee was computed based on the employee’s basic monthly wage multiplied by the number of months worked in a calendar year prior to separation from employment. (Honda Phils., Inc. vs. Samahan ng Malayang Manggagawa sa Honda, G. R. No. 145561, June 15, 2005). But in a case where the employer, from 1975 to 1981, freely, voluntarily and continuously included in the computation of its employees’ thirteenth-month pay, payments for sick, vacation and matern...

Related to Thirteenth-month pay

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