Department of Labor and Employment(DOLE)

December 1, 2020 Dear Princess Ann Nepomuceno, Greetings! Thank you for your request dated Nov 24, 2020 10:18:22 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your Request You asked for 1) Subsidy for small business for13th month pay 2020. 2) Is there any exemption provided by the DOLE to establishments for payment of 13th month pay and 3) What will be the recommended course of action of employees on non payment of this benefit? At present, there is NO DOLE issuance on subsidy for the payment of 13th month pay. However, Financial Institutions of the government provides for soft loans for businesses in distress to assist them cope with the effects of pandemic and to feep their businesses afloat. Anent your second concern, the DOLE provides NO exemption on payment of the 13th Month Pay Please see attached DOLE LA 28 s. 2020 Guidelines on the Payment of 13th month pay. With regard to your last concern, Non-payment of the thirteenth-month pay provided by the Decree and these rules shall be treated as money claims cases and shall be processed in accordance with the Rules Implementing the Labor Code of the Philippines and the Rules of the National Labor Relations Commission. May we advise you to report the matter to the DOLE Regional Office/Field office having jurisdiction to your workplace for assistance. Kung hindi ibigay ng employer ang 13th month pay sa employee, ano ang pwede gawin ng empleyado? Your right to request a review If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to . Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, Mark Valeros FOI Receiving Officer

Attachments:

Labor-Advisory-No.-28-20-Guidelines-on-the-Payment-of-Thirteenth-Month-Pay.pdf - Mark Valeros - [email protected]