Employers Cannot Defer the Release of 13th Month Pay- Spox Roque

Spox Roque Says Release of 13th Month Pay Can’t Be Deferred

Presidential Spox Harry Roque said Monday, employers cannot defer the release of 13th month pay to employees under the law.

Release of 13th Month Pay
Image Source: PCOO

The presidential spokesperson Harry Roque issued the statement of Labor Secretary Silvestre Bello III after he proposed to allow companies and private businesses to defer 13th month pay to employees amid the pandemic.

“The law has not been amended. That is the law. That is a mandatory provision of the Labor Code,” Roque said at a news conference in Malacañang.

“Pabayaan po nating pag-aralan ng DOLE [Department of Labor and Employment]. Pero sa aking tingin, hanggang magkaroon ng bagong batas ay baka hindi po iyan pupuwedeng ma-defer,” he said.

READ ALSO: Kind Employer Find Employee’s House to Give Remaining Pay, 13th Month

Based on our previous report, under Presidential Decree 851, all employers are mandated to release the pay on or before December 24, regardless of the nature of workers’ employment. The 13th month pay should be equivalent to 1/12 of an employee’s basic annual salary.

However, Bello said that the companies should prove that they are ’distressed’ before DOLE gives them the approval or exemption in giving the 13th-month pay to their employees.

The proposal of Bello has received a massive amount of criticisms from the public especially from employees who were expecting to receive their 13th-month pay that serves as their additional bonus for the holiday season.

READ ALSO: Companies Exempted From 13th Month Pay – Labor Sec. Gives Category

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