28 in CV ‘did not give’ 13th-month benefit to workers

CEBU, Philippines - Around 28 establishments in Cebu are subjects of complaints by their respective employees for failure to give the 13th-month pay.

Department of Labor and Employment-7 Director Exequiel Sarcauga said the employees brought their grievances before their office last December 29.

He said a few employers opted to settle and pay while others were called to a conference.

“Ang ubang companies nga gireklamo agreed to settle and pay among themselves. Ang uban kay amo-a pang ipatawag for a conference and we will ask why they failed to give the 13th-month pay,” Sarcauga said.

DOLE Secretary Rosalinda Dimapilis-Baldoz earlier said in a statement that private employers should pay their workers’ 13th-month pay by December 24, which is a labor standard requirement under the Labor Code of the Philippines.

Baldoz said all employers are required to pay their workers the 13th month pay, regardless of the nature of their employment, and irrespective of the methods by which their wages are paid, provided they worked for at least one month during a calendar year.

She added that giving 13th-month pay to workers would foster good labor-management relations and increase workers’ and enterprises’ productivity and competitiveness.

The 13th-month pay constitutes one-twelfth (1/12th) of the basic pay received by an employee in a calendar year.

Baldoz said that while the 13th-month pay includes remunerations or earnings paid by an employer to the worker for services rendered, it does not include cost-of-living allowances, profit-sharing payments, cash equivalents of unused vacation and sick leave credits, overtime pay, premium pay, night shift differential pay, holiday pay, allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary of the employee.

She also said that employers may also opt to pay their workers one-half of their 13th-month benefit before the opening of the regular school year in May or June and the remaining half on or before December 24.

If not paid after this date, the 13th-month pay becomes due and demandable.

She said employers who fail to pay the benefit are liable to money claim cases that workers may file with any DOLE regional offices.

Baldoz said that once the DOLE receives a request for assistance (RFA) to resolve a non-payment of the benefit, the RFA will be acted upon using the single entry approach mechanism of conciliation-mediation, which is “a very accessible, fair, non-litigious, and inexpensive dispute settlement system.”

She further said that all employers are required to make a report of compliance to the nearest DOLE regional office not later than January 15 of each year. (FREEMAN)