Fast facts on the 13th Month Pay

Atty. Arnel Mateo • December 13, 2024

What law governs the 13th month pay?


13th month pay is governed by Presidential Decree No. 851 and its implementing guidelines .


What is 13th month pay?


Thirteenth-month pay shall mean one twelfth (1/12) of the basic salary of an employee within a calendar year


Who are required to pay 13th month pay?


All employers are hereby required to pay all their rank-and-file employees a 13th month pay not later than December 24 of every year.


Who are not required to pay 13thmonth pay?


a.  The Government and any of its political subdivisions, including government-owned and controlled corporations, excepts those corporations operating essentially as private subsidiaries of the Government;

b.  Employers already paying their employees a 13th month pay or more in a calendar year or its equivalent at the time of this issuance;

c.  Employers of household helpers and persons in the personal service of another in relation to such workers; and

d.  Employers of those who are paid on purely commission, boundary, or task basis, and those who are paid a fixed amount for performing specific work, irrespective of the time consumed in the performance thereof, except where the workers are paid on piece-rate basis in which case the employer shall grant the required 13th month pay to such workers.


Who are entitled to 13th month pay?


All rank and file employees are entitled to a 13th month pay regardless of the amount of basic salary that they receive in a month if their employers are not otherwise exempted from the application of P.D. No. 851. Such employees are entitled to the benefit regardless of their designation or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one (1) month during a calendar year.


Rank-and-file employees are those who are not vested with powers of prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge, assign or discipline employees, or to effectively recommend such managerial actions. In short, they are not managerial employees.


13th Month Pay for Certain Types of Employees.


(a)  Employees Paid by Results. — Employees who are paid on piece work basis are by law entitled to the 13th month pay.

Employees who are paid a fixed or guaranteed wage plus commission are also entitled to the mandated 13th month pay, based on their total earnings during the calendar year, i.e., on both their fixed or guaranteed wage and commission.


(b)  Those with Multiple Employers. — Government employees working part time in a private enterprise, including private educational institutions, as well as employees working in two or more private firms, whether on full or part time basis, are entitled to the required 13th month pay from all their private employers regardless of their total earnings from each or all their employers.


(c)  Private School Teachers. — Private school teachers, including faculty members of universities and colleges, are entitled to the required 13th month pay, regardless of the number of months they teach or are paid within a year, if they have rendered service for at least one (1) month within a year.


13th Month Pay of Resigned or Separated Employee.


An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary 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 the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.


The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.


When is the time for payment of 13th month pay? 


The required 13th month pay shall be paid not later than December 24 of each year. An employer, however, may give to his employees one half (½) of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year. The frequency of payment of this monetary benefit may be the subject of agreement between the employer and the recognized/collective bargaining agent of the employees.


What is the formula for the computation of the 13th month pay?


The Department of Labor and Employment in its Department Advisory No. 2, Series of 2012 provides for the formula for the computation of the 13th month pay as follows:


Total basic salary earned during the year/12 months = Proportionate 13th month pay


What are the special features of 13th month pay?


The benefits granted under this issuance shall not be credited as part of the regular wage of the employees for purposes of determining overtime and premium pay, fringe benefits, as well as premium contributions to the State Insurance Fund, social security, medicare and private welfare and retirement plans.


Remedy for non-payment of 13th month pay?


Non-payment of the thirteenth-month pay shall be treated as money claims cases and shall be processed in accordance with the Rules Implementing the Labor Code of the Philippines and the Rules of the National Labor Relations Commission.


Is 13th month pay taxable?


No, if the amount does not exceed P30,000.00.


Yes, if the amount exceeds P30,000.00



Source:

  1. PD 851
  2. Revised Guidelines on the Implementation of the 13th Month Pay Law
  3. Payment of 13th month pay, DOLE Advisory No. 2, Series of 2012


November 7, 2026
Meet Dra. Roselyne Marie Balita (Dra. Lyne), the newly elected President of the Philippine Chamber of Commerce and Industry – Quezon City (PCCI-QC). A pediatrician, entrepreneur, and business leader, she brings a wealth of experience in healthcare, hospitality, tourism, and philanthropy. Having served as PCCI-QC Treasurer for 14 years, she now takes on the challenge of sustaining the Chamber's legacy of excellence while creating greater value and opportunities for its members. She is currently the Founder of Little Lambs Pediatric Wellness Place; President of Carl Balita Foundation, Inc; CEO of Mahalta Resorts and Convention Center; and President of CEB Holdings Inc Learn more about Dra. Lyne as she shares her entrepreneurial journey, leadership philosophy, personal inspirations, and vision for PCCI-QC. 1. What business are you into and why do enjoy doing it? I am a medical doctor - a pediatrician—and registered pharmacist by profession. I have practiced pediatrics for two decades. Aside from my professional practice, I also manage our family businesses in hospitality and tourism, as well as the philanthropic arms of our companies - the Carl Balita Foundation. We have established a holding company for our businesses and I oversee it to secure our family legacy and succession for our children. Business is challenging but enjoyable because the challenges it brings are growth-producing and fulfilling, especially through service, while I am free to nurture my family. Everything comes from a personal need and it became a passion project for me and my family. Little Lambs grew with my kids. 2. How did you start your business? I was building my professional career when the demands of motherhood also became a priority. Being a doctor in a hospital setting was not possible at that time, so setting up my own clinic was the best option. As a spa goer, our eldest who was very young then, would love to join but whenever we said that spas were only for adults, she would protest and idealize a spa for kids. And that gave birth to the Little Lambs Kids Spa and Clinic. Since then my professional practice has been in the well-baby and children wellness. I also trained in aesthetic medicine and extended my services to parents and teens for some aesthetic treatments. Expansion of our family business ventures engaged me in other entrepreneurship. The common denominator in our business is our corporate responsibility, which paved the way for the Carl Balita Foundation Inc. 3. How do you take care of your customers? In Little Lambs, I treat my patients as my own children. My primary customers are children but this extends to the family who are often anxious due to the child's fragility. That is why my clinic is very child-friendly; children may have grown up but they will still cherish the moment they came to my clinic for immunizations and well-baby checkups. Children are very genuine customers. They have deep sensitivity to gentleness and kindness. They are very discerning of your mood and feelings and they can judge if you care for them. Gladly, we have made Little Lambs as a very safe space for these children and families as well. Everything is personal to me as a woman and as a mother to my own patients. \ Little Lambs was awarded Best Children Spa in Asia by the Asia Spa Awards in Hong Kong for 2 consecutive years. 4. What do you do beyond business? What do you love to do? Interest/hobbies? I am a natural visual artist who paints based on mood and motivation. But my hobby really is motherhood. I personally took care of my children to the point that i had to bring and fetch them from school. That gives me the highest form of joy as a mother and wife. I love travelling with my family and balancing time with them to create memories while enjoying each other's company as business operates on its own. 5. What is your vision for PCCI-QC under your leadership? My vision is the same vision that the earlier leaders collectively crafted. I was treasurer for 14 years and witnessed what PCCI-QC has become through past leaderships, earning it the two-time hall of Fame Awardee as Most Outstanding Chamber of the Philippines, and even of the Asia Pacific. I want sustainability for what PCCI-QC has become—outstanding! There is a PCCI-QC tradition of using an acronym based on the President's initial. In my case, DLB (Dr. Lyne Balita), stands for Deliver Value to members; Lead for business growth; and Build Sustainability for PCCI-QC. I envision the officers and members of PCCI-QC engaging to enrich the chamber experience through networking, business exchanges, and mutual learning. We also intend to strengthen collaboration with the business ecosystem, most especially the Local Government, under the best Mayor Joy Belmonte. 6. What makes an idol sa NEGOSYO? Idol sa Negosyo is someone who inspires optimism amid the challenges of entrepreneurship. One who can make anything out of something - even something small - and grow it in spite of risks and limitations to benefit the business and others.
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For businesses managing government-funded projects, this additional perspective is particularly valuable. Decisions involving procurement, subcontracting, project financing, financial disclosures, and resource allocation require sound judgment and appropriate oversight. Having an independent director does not automatically guarantee ethical corporate behavior. However, a properly functioning independent board can help ensure that important decisions receive meaningful scrutiny. A NEW REALITY FOR PRIVATE CORPORATIONS The proposed SEC initiative could have implications beyond publicly listed companies. Many entrepreneurs associate independent directors with large corporations, banks, financial institutions, and publicly traded businesses. Smaller private corporations, meanwhile, may consider formal board independence unnecessary because ownership and management are closely connected. That perception may need to change. If the SEC expands the coverage of corporations vested with public interest, certain privately held companies may also be expected to adopt more formal governance arrangements. For business owners, this could mean reviewing board composition, identifying qualified independent professionals, improving documentation of board decisions, and establishing stronger internal controls. It could also require a change in corporate culture. Appointing an independent director should not simply be about satisfying a regulatory requirement. The position must carry genuine responsibility, access to relevant information, and the freedom to raise difficult questions. An independent director who merely attends meetings and approves management recommendations defeats the purpose of the position. GOVERNANCE IS MORE THAN COMPLIANCE For growing businesses, corporate governance is sometimes treated as an administrative concern that becomes important only when regulators require it. However, governance directly influences a company's ability to attract capital, establish partnerships, manage risks, and maintain credibility. Investors are more likely to consider businesses that demonstrate sound financial management and transparent decision-making. Banks and financing institutions also examine management quality and internal controls when assessing corporate risk. Similarly, companies seeking partnerships with multinational corporations may find that governance standards form part of their partners' evaluation process. A company that demonstrates clear accountability, responsible leadership, and reliable internal reporting is better positioned to build lasting business relationships. For this reason, the SEC's initiative should not be viewed exclusively as an additional compliance expense. It can also become an opportunity to professionalize Philippine businesses. FIVE THINGS BUSINESS OWNERS SHOULD START DOING While the SEC's proposed expansion remains subject to further regulatory action, companies undertaking substantial government projects should begin assessing their governance practices. 1. Examine your board structure. Determine whether your current board has sufficient professional expertise, independent judgment, and capacity to supervise management effectively. 2. Separate ownership from oversight. Shareholders have legitimate rights to protect their investments. However, corporate oversight should not become an automatic endorsement of every decision made by controlling owners. 3. Improve financial transparency. Maintain reliable financial statements, properly documented transactions, and clear reporting procedures. Financial information should be accessible to those authorized to oversee corporate performance. 4. Strengthen accountability mechanisms. Establish appropriate procedures for handling conflicts of interest, reviewing major transactions, monitoring project implementation, and addressing possible irregularities. 5. Prepare for regulatory developments. Monitor SEC announcements and subsequent issuances to determine whether your corporation will be covered by the revised classification and what specific requirements will apply. THE BOARDROOM OF THE FUTURE The Philippine business environment is becoming increasingly demanding. Companies are expected not only to deliver results but also to demonstrate how those results are achieved. For corporations participating in government projects, this expectation carries even greater weight. Public resources come with public responsibilities, and businesses entrusted with them must be prepared to demonstrate that their operations are properly managed. The SEC's proposed direction presents an opportunity for business leaders to reconsider how they define corporate success. A strong company is not simply one that wins large contracts, generates impressive revenues, or expands its market share. It is one that has the right people overseeing its decisions, systems that discourage abuse, and leadership that welcomes accountability. Ultimately, independent directors should represent more than an additional seat in the boardroom. They should represent a commitment to responsible leadership. In business, growth creates opportunities. Good governance ensures that those opportunities are pursued with integrity.
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Behind every successful business are lessons learned. Some are learned the easy way. Others come at a painful price.