DOLE clarifies 13th month pay rules, ensures workers receive rightful benefits

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The Department of Labor and Employment (DOLE) on Tuesday reminded private sector employers of their obligations under the Labor Code to ensure the ...

MANILA – The Department of Labor and Employment (DOLE) on Tuesday reminded private sector employers of their obligations under the Labor Code to ensure the timely payment of 13th month pay to eligible employees.

Labor Advisory No. 21, Series of 2026, signed by Secretary Francis Tolentino, outlined the guidelines on the payment of 13th month pay pursuant to Article 5 of the Labor Code of the Philippines and Presidential Decree No. 851.

It clarified that all rank-and-file employees in the private sector are entitled to 13th-month pay, regardless of their employment status, position, or mode of wage payment, provided they have rendered at least one month of service during the calendar year.

Covered employees include piece-rate workers, those receiving fixed or guaranteed wages plus commissions, employees with multiple employers, those who resigned or were terminated, and employees who availed of maternity leave and received salary differential.

The minimum 13th month pay shall be equivalent to one-twelfth (1/12) of an employee's total basic salary earned within the calendar year. For piece-rate workers, the total earnings from their production or output shall serve as the basis for computation. Meanwhile, commissions are excluded when they are not considered part of the employee's basic salary.

The DOLE provided an illustration on how the 13th month pay will be computed: Total basic salary earned during the year ÷ 12 months = Proportionate 13th month pay. For example, an employee earning PHP228,010.04 in annual basic salary is entitled to PHP19,000.84 in 13th month pay. A piece-rate worker earning PHP120,000.00 receives PHP10,000.00, while an employee receiving PHP235,560.04 in fixed wages and PHP30,000.00 in commissions is entitled to PHP19,630.00, based on basic salary alone.

On the other hand, it noted that in case an employee resigned before the end of the calendar year he/she is likewise entitled to proportionate 13th month pay.

The department added that the 13th month…

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