13th month pay

13th month pay is a mandated by law given to each employee employed in the company either contractual or regular. This is the case, hired date is January 2014 and he is filling his resignation up to end of August. I do believe that he can claim his 13th month pay ? computed from January up to August. please advise. thanks.

correct

thanks. how about termination? termination is equivalent to separation pay right?

depends on situation.
generally termination may mean involuntary separation, thus not eligible for separation pay.

ah ok po. thank you.

other question is article 83 normal hours of work is 40 hours a week. some agencies require to have it 48 hours a week, plus 30% of the wage per day right? what if the case is company are not practicing the additional 30%?

the general rule regarding hours worked is 8 hours per day, not 40 hours per week. (art 83)
the other rule prescribed is for at least 1 rest day per week (art 91)

ART. 83. Normal hours of work. - The normal hours of work of any employee shall not exceed eight ( hours a day.

Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight ( hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

this. what i am asking is the additional 30% of the salary?

You work as health personnel?

nope. but look, shall hold regular office hours for eight hours a day, for five (5) days a week.

if this is the case. 6 days a week, business is not inline on health. , 6 days is equivalent to normal wage? as stated below, it should have 30% of the additional salary.

the 8 hrs x 5 days as mentioned is for health personnel.

1st bottom line is overtime is paid for work in excess of 8 hours in a day.

2nd bottom line is 1 day rest day per week which translates to 8 hrs x 6 days work. anything in excess is overtime (rest day work, etc)