DOLE: Some firms still defy 13th month pay law

CEBU, Philippines - While the compliance rate of employers paying the 13th month pay to their workers has increased, an official from the labor agency though said defiance may still exist but may be minimal nowadays.

Ezequiel Sarcauga, regional director of Department of Labor and Employment in Central Visayas, said some companies delay the giving of the monetary benefit to the employees because of certain reasons.

But there are also some who, despite the awareness on their obligation, would intentionally resist from following the labor mandate.

“There are instances nga tuyu-on gyod,” he said in an interview. “Others also have their circumstances pero naa puy uban nga magpabungol-bungol lang gyod [sa ilang responsibility].”

Sarcauga urged private companies to voluntarily conform with the law and release the benefit to their workers before December 24 of the year.

They should also give the lawful employee benefits which are due to their workers.

“It is your obligation to give what is due to your workers,” he told employers. “Paagi na ni nato nga tabang ba para sa mga employees karong Pasko so that they will enjoy their holidays.”

The Labor Department reiterates all rank-and-file employees -- regardless of nature and status of their employment -- are bound to receive the 13th month pay which is equal to the monthly basic payment they get.

But for them to be qualified of such monetary reward, they should have worked for at least one month already during the calendar year.

Workers who won’t be able to receive the extra salary on or before the deadline can seek the help of DOLE which resolves the non-payment problem through a single entry approach (SEnA) mechanism.

Sarcauga explained SEnA is an inexpensive dispute resolution method which is done through mediation and not litigation.

“So far, sa 13th month wa pa gyud ta moabot anang puntoha nga duna nay legal case. Dako man sab kaayo na og gasto ang litigation,” he said.

But the labor agency says erring employers are still bound to face money claim cases if they defy the mandate under the Labor Code of the Philippines.

It also requires companies to submit a report of compliance and proof of payment not later than January 31 of the succeeding year. (FREEMAN)