I am an IT Contractor for 3 years now (with yearly contract)and receiving my salary every 7th and 22nd of the month without any benefits. The company agreed to give me 13 month pay and SSS provided these will be deducted to my Gross. SSS maybe ok with me but with 13th month pay, I think not. They also doesn't give us incentive leave, rest days, overtime pay, holiday pay.
Now I found this section of article(see below). And not so sure if understand it right. My questions are the following:
1. Do I really have the right to enjoy at least 13th month pay or it will still depend on our contract?
2. This will be my fourth year contract this year with same company, deployed in the same client but still not a regular employee. What rights do I have for this.
Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
DEPARTMENT ORDER NO. 18 - 02
(Series of 2002)
RULES IMPLEMENTING ARTICLES 106 TO 109
OF THE LABOR CODE, AS AMENDED
Section 8. Rights of Contractual Employees. Consistent with Section 7 of these Rules, the contractual
employee shall be entitled to all the rights and privileges due a regular employee as provided for in the
Labor Code, as amended, to include the following:
(a) Safe and healthful working conditions;
(b) Labor standards such as service incentive leave, rest days, overtime pay, holiday pay,
13th month pay and separation pay;
(c) Social security and welfare benefits;
(d) Self-organization, collective bargaining and peaceful concerted action; and
(e) Security of tenure.