
Originally Posted by
zyLe
I quote:
Regarding pro-ration of the 13thmonth pay, the Supreme Court in Honda Phils., Inc. vs. Samahan ng Malayang Manggagawa sa Honda, [G. R. No. 145561, June 15, 2005], took cognizance of the fact that the said Revised Guidelines on the Implementation of the 13th Month Pay Law provided for a pro-ration of this benefit only in cases of resignation or separation from work. As the rules state, under these circumstances, an employee is entitled to a pay in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year. (Section 6 thereof). The Court of Appeals thus held that: “Considering the foregoing, the computation of the 13th month pay should be based on the length of service and not on the actual wage earned by the worker.