14th Month Pay

Hello Sir,

May kakilala po ba kayo na labor lawyer na pwede kaming mangkonsulta about our 14th month pay? the reason why we need a consultation eh kasi po the company decided to stop the 14th month po sa aming account but not on the other accounts within the same company. Ang company po namin ay BPO.

Thank you po!

14th month pay ba talaga ang tawag dyan sa inyo?

paki-check ang kontrata muna kung ano ang nasasaad tungkol dyan para mas madaling makapagbigay ng opinyon.

hello Sir, wala po sa contrata namin pero practice na po. sa amin after 5 years in service the next year will start receiving 14th month every July. it was also informed to us during our orientation. In my 6th year I got it and my payslip showed 14th month, this year other accounts receive the 14th month again in our company but for our account they said they stop it without any notice. we feel it's unfair because we are on the same company and we feel na parang they deceive us. that's why we file in nlrc. but we don't have a lawyer to consult about it.

There is no law requiring 14th month pay. Hence, it all depends on what is stated on the agreement that the 14th mo pay is guaranteed. If it there are no discretion whether to give it or not and that it is guaranteed and without conditions, then it is not a benefit but part of your salary. As such, it becomes demandable as a matter of right.

As 14th mo pay as a rule is not demandable, it is deemed a bonus (subject to exceptions). The question really depends on whether or not a bonus forms part of wages depends upon the circumstances and conditions for its payment. If it is additional compensation which the employer promised and agreed to give without any conditions imposed for its payment, such as success of business or greater production or output, then it is part of the wage. But if it is paid only if profits are realized or if a certain level of productivity is achieved, it cannot be considered part of the wage. Where it is not payable to all but only to some employees and only when their labor becomes more efficient or more productive, it is only an inducement for efficiency, a prize therefore, not a part of the wage.

hello sir, thank you for your time and posting. kung practice na po sya since 2012 di kaya mag fall sya nito sir?

“Art. 100. Prohibition against elimination or diminution of benefits – Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of the promulgation of this Code.”

- ibig sabihin kung practice na sya for longe period of time, ibig sabihin ripen na po sya and cannot withdrawn anytime without notification or explanation to employees?

it depends nga on the conditions set by the company for its payment. Possible kasi even if you were not informed that the company has been giving bonus when you achieve something.

Anyways since nag file na kayo sa NLRC. Just wait for the results