guys legal ba nga dedukan ang 13th pay?

[chadzkie]

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sa call center man gud nga gi workan sa aong mom ilang 13th mth pay kay naa deduction kay ana ang ila employer tungod daw sa absences? ana ba gyud diay na naa jud deduction? nga di ba ug mag absent ka ila na gud dedukan imo sweldo...allowed ba diay nga hasta ang 13th mth ila hilabtan? guys hope naa mo idea about ani asa man mi pwede moreklamo ani?

[siopao1984]

deduction or subject to tax? klarohon ta daw

What is 13th month pay?

It is a form of monetary assistance equivalent to the monthly basic compensation received by an employee, computed pro-rata according to the number of months within a year that an employee has rendered service to an employer (basic monthly pay/12 x number of months actually worked).

Who are entitled to 13th month pay?

All rank and file employees, regardless of status, who have worked for at least one (1) month are entitled to receive 13th month pay.

What if I already worked for one month and I resigned thereafter?

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 13th month pay, in proportion to the length of time he worked during the year. The formula is: (basic monthly pay/12) x (number of months actually worked). The 13th month may be demanded at the time of effectivity of the resignation/termination. That doesn’t have to be December 24.

Who are rank-and file employees?

All employees not considered as managerial employees are considered rank-and-file employees. A managerial employee, as distinguished from a rank-and-file employee, is one who is 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.

Is there a cap, i.e., only those receiving a salary below P1,000 may receive 13th month pay?

Prior to 1986, only those who receive a monthly salary of not more than PhP1,000 are entitled to receive 13th month pay. This cap was removed under Memorandum Order No. 28 issued by former President Corazon Aquino.

When must it be paid?

The 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.

Could the employer withhold the 13th month pay?

No, the payment of 13th month pay is mandatory, specifically provided under Presidential Decree (P.D.) No. 851. In case of non-payment of 13th month pay, covered employees could complain at the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC).

Are there employers who are exempted from paying 13th month pay?

Yes. The following employers are not required to pay 13th month pay under P.D. 851, unless the grant thereof have become a policy or practice:

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.

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 those paid on a piece-rate basis?

They are workers paid a standard amount for every piece or unit of work produced that is more or less regularly replicated, without regard to the time spent in producing the same.

What if I work in more than one company?

Workers who work in two or more companies or private employers, 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.

Is it part of the Company bonus?

No. The payment of 13th month pay is mandated by law. It is separate from any other bonus given by the company. Read the previous discussion.

Is 13th month pay taxable?

No, as long as the amount does not exceed P30,000. Only the amount in excess of P30,000 is taxable.

[chadzkie]

so pwede gyud diay ka reklamo akong mom sa labor ani? mag 2 years na siya diha sa iya gi workan adto sang last pa nga dec gi dedukan sad karon an sad daw naa nasa deduction paita gyud

[chadzkie]

dedukan gyud siya naa man gud gihatag sa ila nga memo nga dedukan gihapon tungod sa mga absences ba...

[jikutokiko]

In my understanding, 13th month pay is 1/12 of the basic salary the employee received within a year.
So if 25K/month ang basic, 25K ang 13th month pay.

But, you said, the deduction was caused by absences? I think that is possible...

For instance, ning-absent siya bisan wala xay leave credits, or ni-exceed na xa sa leave credits.
Example naay 25working days in a month, pero 23days lg xa nisulod, so around 23K lg iya sweldo kay unpaid (no leave credits) mn xa.

If she does that every month then you compute the basic pay she earned for one whole year, it would be less than (25K*12). So, less than 25K iya 13th month.

Just my two cents!

Anybody please correct me if I'm wrong.

[cyraxx]

Its perfectly Legal

13th month is same as your basic salary. However to compute 13th month its not the full amount but rather
Total Gross salary / 12 = 13th month pay.

To simplify it further. Lets say ur basic is 10,000 a month. assumption is 13th month pay is 10,000. But, gross Salary basically means Basic wages minus Tardiness/absences. Lets assume the whole time wala ka absent and all 11 months your perfect attendance. Then on the 12th month you have absences and your gross is 5000 only.

So 11 months x 10,000 = 110,000
then 12th month = 5000

add em both then divide by 12. thats your 13th month.

Hope that helps.

[myandroid]

In my understanding, 13th month pay is 1/12 of the basic salary the employee received within a year.
So if 25K/month ang basic, 25K ang 13th month pay.

But, you said, the deduction was caused by absences? I think that is possible...

For instance, ning-absent siya bisan wala xay leave credits, or ni-exceed na xa sa leave credits.
Example naay 25working days in a month, pero 23days lg xa nisulod, so around 23K lg iya sweldo kay unpaid (no leave credits) mn xa.

If she does that every month then you compute the basic pay she earned for one whole year, it would be less than (25K*12). So, less than 25K iya 13th month.

Just my two cents!

Anybody please correct me if I'm wrong.

yup, in ana ang computation sa 13th month
if wala na ka leave credit so mag unpaid leave na ka i apil na na siya ug minus sa imong 13th month pay computation. but for large corporations like sa amoa, dili naman mi mo hasol ug compute ug 13 month para lang sa absences kay pang bonus nalang gud pod na. but anyways mao man jud pod na ang mandated sa government og mao pod gibuhat sa uban company so wa tay ma hims

[cyraxx]

yup, in ana ang computation sa 13th month
if wala na ka leave credit so mag unpaid leave na ka i apil na na siya ug minus sa imong 13th month pay computation. but for large corporations like sa amoa, dili naman mi mo hasol ug compute ug 13 month para lang sa absences kay pang bonus nalang gud pod na. but anyways mao man jud pod na ang mandated sa government og mao pod gibuhat sa uban company so wa tay ma hims

Correct also. Its company discretion to pay up na wala deduction. I did that for the past 3 years and will do again this year. But next year i might make deduction already. Depends

[tsunade]

if ang Labor wala mo hatag ani nga value 1/12, then dili gyud na deducan ang 13th month pay.
whre 1 is = to your average monthly salary / 12 months = 13th mnth pay.
mao nang 13th mnth pay is not = to 1month salary "kung naa kay absent/late."

[joylove]

actually wala jud na sya deduction!ang computation ana kay ang days of present per month.

total net pay x 12 divided by 13 .