Q: Are Employees paid on result entitled to 13th (monthly salary x months worked) / 12 = 13th month

month pay? pay

 Yes. But there must first be a distinction between
piece rate workers, those who:
a. Piece rate workers working inside the work
premises of the employer and under the direct
supervision of the employer. Thus, entitled to 13th
month pay.
b. Piece rate workers who works outside the
premises of the employer whose hours spent in
performance cannot be ascertained with
reasonable certainty and not under the direct
supervision of the employer. Thus, not entitled to
13th month pay.
Q: Are Private School Teachers entitled to the 13th
month pay?
 YES, regardless of the months they teach or are
paid within the year, if they have rendered at least
one month within the year.
(P7500 x 6 months) /12 = P3750
Q: Does different opinion on how to compute the
13th month pay justify a strike?
 NO. In the case of Islama Machine Works Corp vs
NLRC, the Court ruled that it is a nonstrikeable
issue and a strike held on the ground that is illegal.
The issue is not an one of a unfair labor practice
but should be treated as a money claim.
Q: What is a Report Compliance?
 Every covered employee shall make a report of
the compliance with the law to the nearest
Regional Office not later than January 15 of every
year.

Q: How are those with Multiple Employers entitled

to 13th month pay?
a. Government employees working as part-time in
private enterprises, including private educational
institutions.
b. Employees working in two or more private firms,
whether on full or part time basis.

 They are entitled to the required 13th month pay

from all their 13th month pay from all their private
employers regardless of their earning from each or
all of their employees.

Q: If an employee resigned or was separated from

employment, is the employee entitled to a 13 th
month pay?
 YES. An employee who has resigned or whose
services were terminated at anytime before the
time for payment of the 13 month pay is entitled to
this monetary benefit.

Q:How computed?
 The employee is entitled to this benefit in
proportion to the length of time he worked during
the year reckoned from the time he started
working during the calendar year up to the time of
his resignation or termination from service.
To illustrate:
X worked for 6 months prior to the resignation . He
received a monthly salary of P7500. X’s 13th month
pay will be computed as follows: