The Department of Labor and Employment (DOLE), in an update, has officially announced that employers cannot be exempted or defer the provision of the 13th-month pay to its employees. In the Labor Advisory No. 28 signed by Labor Secretary Silvestre Bello III, the agency stressed that “no request or application for exemption from payment of 13th-month pay, or for deferment of the payment thereof shall be accepted or allowed.”
“Rank and file employees in the private sector shall be entitled to 13th month pay regardless of their position, 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 the calendar year,” excerpt from Labor Advisory No. 28.
It may be recalled that DOLE speculated on the possible deferment in granting the 13th-month pay – as a considerable option for employees than just exempting distressed establishments from granting the benefit. Read more: DOLE issues ‘no exemption, no deferment’ order on 13th-month pay