13TH MONTH PAY

hi! i need advice regarding 13th month pay. sabi nung boss ko hindi daw kayang magbigay ng company ang 13rh month pay dahil medyo mahina daw ang kita ng business nya. at sabi nya kabilang daw kami sa "micro business" na tinatawag kaya exempted daw sa pagbibigay ng 13th month pay. groceries lang daw at konting cash ( i think xmas bonus ang tinutukoy nya ) ang mapoprovide nila. my question is, totoo bang exempted ang "micro business" na tinatawag? ang point nya is xmas bonus lang ang kaya nya ibigay which is hindi required ng batas na magbigay ang company. at yung 13th month pay na required by the law ang hindi nya ibibigay. tama ba sya?

What your employer might be implying is that he is a registered Barangay Micro Business Entrepreneur (BMBE). Even if he is, BMBE benefits cover only minimum wage exemption. The exemption does not include other statutory benefits such as SSS, Philhealth, Pag-Ibig, NSD, and of course, 13th month pay.
Thus, your employer is still required to give 13th month pay.

thanks po s reply. so ano pong pwedeng namin gawin in case na hindi nga sya magbigay ng aming 13th month pay?

BMBEs are not exempt from mandatory 13th month pay.You can talk to you employer and try to convince him to pay 13th month pay instead of the groceries/cash which is not mandatory. Otherwise,you can file a complaint sa DOLE regional office

file a complaint with the NLRC.

Sorry for hijacking this thread but we do have a similar case. Actually, right up until now, January 7th, the other half of our 13th month hasn't been released yet (the first half was released last June 2015). Say we brought this up to NLRC, what are they going to do against our company?

Thank you in advance to those who will answer.

Almighty One wrote:Sorry for hijacking this thread but we do have a similar case. Actually, right up until now, January 7th, the other half of our 13th month hasn't been released yet (the first half was released last June 2015). Say we brought this up to NLRC, what are they going to do against our company?

Thank you in advance to those who will answer.

Penalties, fines or even filing a case against the owner or other management.

Since you are still working with your employer, file a complaint with the DOLE regional office. DOLE will call the parties for a conference and try to settle the dispute. they may even visit the and inspect the establishment. If the employer still refuses to pay, the DOLE regional director will force them to pay thru an order which may be implemented by the sherriff upon finality. If you are already separated from your company for whatever reason, proceed to the NLRC