Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Are casual employees entitle to 13th month pay?

View previous topic View next topic Go down  Message [Page 1 of 1]

Myyclam


Arresto Menor
A casual employee just reported about 25 days in one year and is now demanding for 13th month pay. Are they entitle to it? Pls advice thanks

View user profile

HR Adviser


Reclusion Perpetua
Yes. They are still entitled. You can give the pro-rated amount.

View user profile

council


Reclusion Perpetua
Myyclam wrote:A casual employee just reported about 25 days in one year and is now demanding for 13th month pay.  Are they entitle to it? Pls advice thanks

I beg to disagree with HR Adviser.

Strictly speaking - no.

The guidelines mention that it is required, "provided that they have worked for at least one month during the calendar year."

And when we say one month -

"Article 13. When the laws speak of years, months, days or nights, it shall be understood that -
years are of three hundred sixty-five days each;
months, of thirty days;
days, of twenty-four hours;
and nights from sunset to sunrise."

View user profile http://www.councilviews.com

HR Adviser


Reclusion Perpetua
Thanks for the info council..

Smile

View user profile

alexisbantilan


Reclusion Perpetua
council wrote:
Myyclam wrote:A casual employee just reported about 25 days in one year and is now demanding for 13th month pay.  Are they entitle to it? Pls advice thanks

I beg to disagree with HR Adviser.

Strictly speaking - no.

The guidelines mention that it is required, "provided that they have worked for at least one month during the calendar year."

And when we say one month -

"Article 13. When the laws speak of years, months, days or nights, it shall be understood that -
years are of three hundred sixty-five days each;
months, of thirty days;
days, of twenty-four hours;
and nights from sunset to sunrise."


I might make a slight disagreement also.

Current policy in 13th month payment is that all absences are being deducted to a full month payment.
So it follows also that they counted every minute or days that your absent therefore even less than 30 days lng pinasok dapat may pro-rated sya na 13th month dba?
kung 25 days lng pinasok nya dapat maging ganito:

13th month due= 25days/30days x monthly rate divided 12.

at least khit 50.00 pesos man yan result na makukuha may pambili sya ng fish ball at gulaman.

View user profile

council


Reclusion Perpetua
alexisbantilan wrote:I might make a slight disagreement also.

Current policy in 13th month payment is that all absences are being deducted to a full month payment.
So it follows also that they counted every minute or days that your absent therefore even less than 30 days lng pinasok dapat may pro-rated sya na  13th month dba?
kung 25 days lng pinasok nya dapat maging ganito:

13th  month due= 25days/30days x monthly rate divided 12.

at least khit 50.00 pesos man yan result na makukuha may pambili sya ng fish ball at gulaman.


Possible.

The minimum 13th month pay required by law shall not be less than one-twelfth of the total basic salary earned by an employee within a calendar year.

But unless very meticulous ang company, they would not bother doing that, computing to exclude absences and tardiness except for long periods of leave without pay (suspensions, maternity leave, etc).

But first, the 30-day working requirement should be complied.

View user profile http://www.councilviews.com

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum