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13 month pay

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1 13 month pay on Thu Oct 14, 2010 12:08 pm

maryxmcllns


Arresto Menor
hi po. im new here and i need advice as well. Smile i'm currently employed for 2 months now,contractual po, bali outsourcing po yung company. ngayon po nag tanong po ako sa employer namen kung mayroon po ba kaming backpay. sabi po ng employer namin hindi daw po kami qualified for 13th month pay dahil contractual lang daw po kami. pero po sabi ng DOLE entitled daw po ang contractual sa 13th month pay. pano ko po irraise yung issue sa employer regarding 13th month pay? thanks in advance.

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2 Re: 13 month pay on Thu Oct 14, 2010 12:38 pm

njaniola


Arresto Menor
"All rank- and- file employees are entitled to a 13th month pay regardless of the amount of basic salary they received in a month and regardless of their designation status, and irrespective on the method by which their wages are paid, provided that they have worked for at least one month during a calendar year. The payment of the 13th month pay may be demanded by the employee upon the cessation of the employer-employee relationship. 13th month pay is computed as 1/12 x average basic monthly salary x no. of months in service in a current year. "

Hello Ma'am, with the facts you have presented and with the above provision of law which I have cited, I submit that you are entitled to 13th month pay. You can raise your claim by citing the above-mentioned provision of law to your employer.

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3 Re: 13 month pay on Fri Oct 15, 2010 10:06 am

maryxmcllns


Arresto Menor
thanks so much for the reply. ill review my contract if ever na walang na-mention regarding this benefit, i'll raise it to them. salamat po ng marami!

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4 Re: 13 month pay on Wed Nov 24, 2010 12:58 am

mesmerized_040488


Arresto Menor
For example, nag work ako from April2010- October 2010.
Khit hndi na ako connected with the organization na pinag trabahuhan ko mkakareceive pa din ba ako ng 13th month pay?

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5 Re: 13 month pay on Thu Nov 25, 2010 10:15 am

attyLLL


moderator
yes, you are entitled to a proportionate 13th month pay. it should be no. of months worked divided by 12 then multiplied by basic salary.


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6 Re: 13 month pay on Sat Dec 18, 2010 10:55 pm

winz


Arresto Menor
hello sir, I'm presently employed as Recruitment Officer in the Recruitment firm company.Ive been working there for at least 9 months from march up to present.,but i was shocked and depressed that i can't receive a 13th month pay,not just me but also my 4 colleagues.,some of my co-worker told me its because I'm not a regular employee,thats why we can't received a 13th month pay.and one of I'm thinking of we don't have a contract in this company?it is possible? My right po ba ang employer ko na d ibigay un? at anu po pwede kong gawin?Mag resign na po ba ko bago q sila complain or complain ko sila while I'm still on the company?pls help po..thanks

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7 Re: 13 month pay on Sun Dec 19, 2010 11:32 am

gaarasama


Arresto Menor
hindi po ako abogado pero ang tingin ko po ay entitled kayo makakuha ng 13th month pay.. hindi man buo pero dapat proportionate.... siasabi ko po ito based sa experience... when i was working as a pat-time crew sa jollibee, september lang po ako nag istart dun, my status then was part-time, contractal pa.. pero nakakuha pa din po ako ng 13th month pay... so tingin ko po ay entitled kayo makakuha nun.. kung ako nga na ganun lang status may nakuha... kayo pa kaya... aion po....

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8 Re: 13 month pay on Sun Dec 19, 2010 11:16 pm

winz


Arresto Menor
thanks for reply... but i hope my question have an answer from legal adviser, or from attyLLL., .. thanks and more power.

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9 Re: 13 month pay on Mon Dec 20, 2010 11:16 am

prettysexy_baby


Arresto Menor
I was employed in a private company with a starting salary of P12,000. However, when my probationary period ended and i was get regularized, my salary became P13,200.

Last November 2010, they transferred me to its sister company as a regular employee with a basic salary of P16,000.

Last Friday i got my 13th month pay and i only received P13,300. Is it the right computation or should I have received P16,000 which is my latest and basic salary.

Please enlighten me.

Thank you very much and God Bless!

Sincerely,

ACC

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10 Re: 13 month pay on Mon Dec 20, 2010 2:08 pm

attyLLL


moderator
winz, gaarasma is correct. you are entitled to a 13th month pay, even proportionate.


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11 Re: 13 month pay on Mon Dec 20, 2010 2:13 pm

attyLLL


moderator
prettysexy, the rule is: 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.

add up your total earnings in the year and divide by 12. it is not based on your latest salary


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12 Re: 13 month pay on Mon Dec 20, 2010 2:23 pm

prettysexy_baby


Arresto Menor
thank you very much for the clarification. however, did i get the correct 13 month pay which is P13,300?

Thank you very much again!

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13 Re: 13 month pay on Mon Dec 20, 2010 4:26 pm

attyLLL


moderator
pretty, i cannot answer that without knowing what you earned in the entire year. add up your basic for the year then divide by 12.

multiply your basic salary by the number of months it was at that level and add it all up then divide by 12.


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14 Re: 13 month pay on Wed Dec 22, 2010 7:01 am

knowell


Arresto Menor
Hi to everyone Smile

New lang po ako dito. Ngayon ko lang nalaman may online forum pala for a free legal advice just like this.

Gusto ko lang po malaman kung ang 13th Month Pay po ba ay subject to Annualized Tax Deduction?

Thanks in advance

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15 Re: 13 month pay on Wed Dec 22, 2010 1:25 pm

attyLLL


moderator
knowell, employee is allowed to receive up to P30k worth of benefits a year tax free. this includes rice allowance, uniform and 13th month pay. the excess of the 30k is subject


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16 Re: 13 month pay on Wed Dec 22, 2010 2:05 pm

knowell


Arresto Menor
Sir..

New employee palang po ako di pa ko regular.. under minimum wage po ako.. I only received less than 10k as my 13th month pay but with deduction of almost 1k as a Annualized Tax Computation (NOTE: EST half of the total tax due for the year 2010) Legal po ba yung tax deduction ko? less than 10k lang naman yung 13th month ko nakuha

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17 Re: 13 month pay on Wed Dec 22, 2010 10:42 pm

attyLLL


moderator
as i said, the rule is that you are allowed up to 30k tax free. ask your HR why there is a tax deduction.


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18 Re: 13 month pay on Thu Dec 23, 2010 10:33 am

knowell


Arresto Menor
Sir wala po kaming HR direct po lahat control ng General Manager namin pati ang accounting sya ang may hawak ng payroll kahit meron kaming accounting kaya control nya lahat kasi confidential daw po yun it means liquidize na mga salary namin.. tinanong ko po sya kung bakit binawas sa 13th month pay ko yung annual tax ko. ang sabi lang sakin para daw po kalahati nalang ang ma deduct sa akin by january. reasonable po ba or by laws ang deduction ng 13th month pay naming mga employee para sa annual tax?

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19 Re: 13 month pay on Fri Dec 24, 2010 3:08 pm

attyLLL


moderator
ok, i'm not sure what was deducted. i take it that the deduction is not for the 13th month at all, but for annual taxes? if it is for future income, that is irregular. taxes should be deducted as the income is earned, not before.


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20 Re: 13 month pay Today at 8:03 pm

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