Department of Labor and Employment(DOLE)

Browse over 8167 from this government agency

Go Back

REQUEST
SUBMITTED

You have submitted an FOI request

Date: Dec. 13, 2018, 8:20 p.m.

PROCESSING
REQUEST

Your request is already in review

Date: 2018-12-14 09:26:39.000000

REQUEST
SUCCESSFUL

Your request was successful

Date: 2018-12-17 13:22:35.000000

4

RATE YOUR
REQUEST

How was your request?

Can an employer hold the 13th month pay of the employee who have noy yet resigned?

Published by Department of Labor and Employment(DOLE) on Dec. 13, 2018.
Requested from DOLE by V. Basoc at 08:20 PM on Dec. 13, 2018.
Purpose: Research
Date of Coverage: 12/13/2018 - 12/13/2018
Tracking no: #DOLE-168847818793

V.BASOC Dec. 13, 2018, 8:21 p.m.

Hi I would like to request an article regarding releasing of 13th month.

J.PUGATE Dec. 14, 2018, 9:26 a.m.

December 14, 2018 Dear Via, Thank you for your request dated Dec 13, 2018 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Can an employer hold the 13th month pay of the employee who have noy yet resigned?. We received your request on Dec 13, 2018 and will respond on or before Jan 03, 2019 08:20:58 PM, in accordance with the Executive Order's implementing rules and regulations. Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtMTY4ODQ3ODE4NzkzDA, for request with ticket number #DOLE-168847818793. Thank you. Respectfully, Josefina Pugate FOI Officer

R.AQUINO Dec. 17, 2018, 1:22 p.m.

Thank you for your message. Pursuant to Presidential Decree 851, the 13th month pay should not be less than one-twelfth (1/12) of the total basic salary earned by an employee in a calendar year. Specifically, the 13th month pay shall be computed as follows: Total basic salary earned during the year ÷ 12. 13th month pay should be given to the employees not later than 24 December. If an employer failed to give its employees the said benefit within the prescribed period, the employee/s may seek the assistance of the DOLE through the Single ENtry Approach Program or SENA. Please go to the DOLE Office where your company is located or to the nearest DOLE Office near your residence to file Request for Assistance. For more information about 13th month pay, you may log in to www.dole.gov.ph. (Handbook Workers' Statutory Monetary Benefits) We hope we have clarified the matter.

Is this request offensive?

Requests for personal information and vexatious requests are not considered valid requests for Official Information.

If you believe this request is not suitable, you can report it for attention by the site administrators.