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Philippines Employment Law

13th Month Pay

A mandatory annual bonus in the Philippines equal to 1/12 of your total basic salary for the year. Required by law for all rank-and-file employees regardless of how they are paid.

Legal Definition

13th Month Pay is a mandatory employment benefit in the Philippines governed by Presidential Decree No. 851. It must be paid to all rank-and-file employees — meaning any employee not in a managerial role — regardless of whether they are paid on a daily, weekly, or monthly basis. **Key rules:** - Amount: At least 1/12 of the employee's total basic salary earned within the calendar year. - Deadline: Must be paid on or before 24 December of each year. Employers may choose to pay half in June and half in December. - Minimum service: An employee who has worked for at least one month during the calendar year is entitled to 13th month pay, prorated based on months worked. - What counts as "basic salary": Regular pay only — overtime, allowances, cost-of-living allowances, and other monetary benefits are excluded from the computation. - Tax treatment: The first ₱90,000 of the 13th month pay is tax-exempt under the TRAIN Law. **Enforcement**: File a complaint with DOLE if your employer does not pay on time. Non-payment is a violation of PD 851 and the Labor Code.

📖 Constitutional / Statutory Basis: Presidential Decree No. 851 (13th Month Pay Law); DOLE Explanatory Bulletin on PD 851; Republic Act 10963 (TRAIN Law) — tax exemption up to ₱90,000

Practical Example

An employee earns a basic salary of ₱20,000/month and started work in April of the current year. Their 13th month pay = (₱20,000 × 9 months) ÷ 12 = ₱15,000. This must be paid on or before 24 December. If the employer pays half in June, the remaining ₱7,500 must be paid by 24 December.

Frequently Asked Questions

Are managers entitled to 13th month pay in the Philippines?
No. PD 851 applies to rank-and-file employees only. Managerial employees (those with authority to hire, fire, or discipline subordinates, or whose recommendations on such matters carry weight) are excluded. However, many employers voluntarily give managers a bonus — check your employment contract.
What if I resign before December — do I still get 13th month pay in the Philippines?
Yes, prorated. You are entitled to 1/12 of your basic salary for each month you worked during the calendar year. Your employer must pay this prorated amount as part of your final pay, which must be released within 30 days of your last day under DOLE rules.

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