Our employer told us today that she will give the 13 month pay on the 31st of this month yet. She usually pay us in the evening. Isn't this a little crazy? By then, the Holiday season is over. What should we do? Is this legal?
2007-12-04 22:51:45 · 8 answers · asked by Hunny 2 in Travel ➔ Asia Pacific ➔ Philippines
It is NOT legal to give the 13th month pay on the 31st.
This Presidential Decree (851) is very much still in effect.
PRESIDENTIAL DECREE NO. 851
REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES A 13th-MONTH PAY
WHEREAS, it is necessary to further protect the level of real wages from the ravage of worldwide inflation;
WHEREAS, there has been no increase in the legal minimum wage rates since 1970;
WHEREAS, the Christmas season is an opportune time for society to show its concern for the plight of the working masses so they may properly celebrate Christmas and New Year.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree as follows:
Section 1. All employers are hereby required to pay all their employees receiving a basic salary of not more than P1,000 a month, regardless of the nature of their employment, a 13th-month pay not later than December 24 of every year.
Sec. 2. Employers already paying their employees a 13th-month pay or its equivalent are not covered by this Decree.
Sec. 3. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of December 1975.
2007-12-05 01:08:22 · answer #1 · answered by Patrick 4 · 0⤊ 1⤋
Maybe there is some liquidity problem. But think positive. December is heavy spending month. Without the 13th month pay you may perhaps limit your spending and have something left for January 2008. Aren't you glad you start the new year with a positive cash standing?
2007-12-04 23:13:31 · answer #2 · answered by Rhythm of the Falling Rain 7 · 0⤊ 1⤋
13th month pay is usually given on the 2nd week of December. I don't think giving it on the 31st is illegal though as long as employers give their employees their13th month pays. This is required of companies unless they declare bankruptcy.
2007-12-04 23:34:35 · answer #3 · answered by annabelle p 7 · 1⤊ 1⤋
It should be given before December 24. (PD 851)
Handbook on Workers Statutory Monetary Benefits. Chapter 12, page 46.
download the handbook at www.dole.gov.ph
add: Unused leave.... before the end of the year.
2007-12-04 23:08:53 · answer #4 · answered by Jex 7 · 2⤊ 0⤋
As long as the 13th month pay is given there is nothing illegal if your company decides to put it in your bank account at exactly 11:59 pm on Dec 31. Yeah, that's too bad..make it up with a January shopping craze. Prices tend to drop and you'll have less shopping rivals =)
2007-12-04 22:55:32 · answer #5 · answered by battgirl 7 · 0⤊ 2⤋
It is legal. It is not a Christmas bonus, but a mandatory compensation as specified in the Labor Code.
Of course it would be nice to give it ahead, as most companies do.
2007-12-04 22:57:51 · answer #6 · answered by boyplakwatsa.com 7 · 0⤊ 2⤋
I agree with eezy_jex.
It should be given before Christmas day.
2007-12-05 07:43:33 · answer #7 · answered by Great Days 6 · 0⤊ 1⤋
I don't understand your question. More detail might help.
2016-05-28 06:40:53 · answer #8 · answered by ? 3 · 0⤊ 0⤋