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Bello reminds employers: 13th month pay to employees mandatory

Labor Secretary Silvestre Bello III on Friday reminded employers to give their employees their 13th-month pay as required by law.

The 13th-month pay is authorized by Presidential Decree 851, and it requires employers to give it to their employees not later than Dec. 24.

“This is a reminder to our employers not to forget the law. They have to give their employees their 13th-month pay," Bello said.

PD 851 also provides that the 13th-month pay be “one-twelfth [one month] of the basic salary of an employee within a calendar year.”

Employers may provide half of the 13th-month pay before the opening of the school year, but they must pay the balance on or before Dec. 24 or face administrative sanctions from the Labor department.

Employees who fail to receive this benefit from their employers are encouraged to report to the department. 

“The remedy is to report to DOLE and for DOLE to inspect and order the payment of the 13th-month pay, Bello said.

“We will issue a writ of execution to be served by the sheriff,” he said. 

“We can also garnish the bank account of the employer. We can further levy the personal and real property of the employer and have these sold in a public auction.”

READ: Workers assured of bigger 13th month pay

READ: Proposed 14th month pay heavy—ECOP

Topics: 13th-month pay , Silvestre Bello III , Department of Labor and Employment
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