13th month pay

Hi I badly need some clarification since the dole employee I talked to on the phone(24/7 hotline) was not even sure.

Are owners of new franchise business(less than 6 months of operation with less than 10 employees) allowed not to give their employees benefits (SSS,philhealth etc) and 13 month pay?
Their reason was they are exempted of giving those to their employees since they are new business. Upon researching on dole website, it states there that it is not automatic and businesses needs to apply for those.
The owners was telling us that is automatic(giving us the impression that they did not apply for the exemption).
Please enlighten us,because I myself is a bit confused on those law of dole. I hope someone will help me!!!
Tha k you very much!!!

The establishment should be covered by the 13th month pay law, as there is no exemption (that I am aware of, at least) given to new establishments, as long as the employee concerned has already served for at least 1 month. The same is true with SSS, Pag-IBIG and PhilHealth, because all employers are covered on the day they started their operations, and all employees are covered on their first day of employment. Non-remittance of SSS, Pag-IBIG and PhilHealth contributions may even constitute a criminal offense. You may read this, I hope it helps. https://www.alburovillanueva.com/sss-pagibig-philhealth-imprisonment

Asap you are being hired and you are giving your services to somebody or someone, there is no excuse for you not to be covered with your mandatory benefits as specified by law otherwise your employer is neglecting his/her responsibility to you as his employee.

Hi i would like to ask if i have the right to have my 13th month pay, I'm working on an Internet Cafe since 2012 up to now and i'm the only employee that got registered to the Company, and this year I found out that my SSS and PAG-IBIG contributions are not remitted to my accounts and yet it was deducted to may salary, although my Philhealth contributions are continuously going on my account because i was registered as a voluntary member, but upon checking at Philhealth they told me that my employer should pay the other half of my contributions because I was registered as employed. Please give me some advice on what to do about my matter because Im planning to seek a new job and I want to get my benefits thanks

Hi Atty,

I have a query regarding my 13th month pay as a resigned employee, I resigned with my employer effective Nov. 10, 2017, as of now, I am still not able to receive my last pay and 13th month pay.

Buntis po ako 8th months now, one of my main reason that's why I resigned is that according to my OB sumasagabal ang stress sa paglake ng bata. Ang nature of work ko po sa company ko ay once a week nasa field at stressful din po ang pressure as of this time sa akin galing sa superior ko kaya mas minabuti ko na lang po mag file ng resignation.

Nakapagendorse naman po ako ng maayos sa naiwan kong co worker na syang country manager din ng company. Pero nung time na maka one month napo akong resigned at I was expecting to receive my 13th month pay before mag Dec. 24, sabi po saken ay di daw pwede nila irelease ang 13th month ko hanggat d ko nareresolve ang mga pending issue ko sa kanila, which is I think wala naman po akong pending issue on money, kung sa work man yun po yung mga iniwan na trabaho na ang papalit na po saken ang dapat gumawa dahil magrerely po ang approval sa government agencies hindi po sa akin.

Ang tanong ko po ay ito, nasa batas po ba ng labor na kailangan mareceive ng isang resigned employee ang kanyang 13th month pay katulad ng sa mga employee before December 24? At may rights po ba sila i hold ito?

Sana po ay matulungan nyo ako kailangan ko din po ang pera para sa nalalapit kong panganganak.

kung ikaw ay nag resign, isasama na sa last pay mo yang pro rated 13th month pay..

i follow up mo lang sa company mo yung last pay mo..

Lemjer wrote:Hi Atty,

I have a query regarding my 13th month pay as a resigned employee, I resigned with my employer effective Nov. 10, 2017, as of now, I am still not able to receive my last pay and 13th month pay.

Buntis po ako 8th months now, one of my main reason that's why I resigned is that according to my OB sumasagabal ang stress sa paglake ng bata. Ang nature of work ko po sa company ko ay once a week nasa field at stressful din po ang pressure as of this time sa akin galing sa superior ko kaya mas minabuti ko na lang po mag file ng resignation.

Nakapagendorse naman po ako ng maayos sa naiwan kong co worker na syang country manager din ng company. Pero nung time na maka one month napo akong resigned at I was expecting to receive my 13th month pay before mag Dec. 24, sabi po saken ay di daw pwede nila irelease ang 13th month ko hanggat d ko nareresolve ang mga pending issue ko sa kanila, which is I think wala naman po akong pending issue on money, kung sa work man yun po yung mga iniwan na trabaho na ang papalit na po saken ang dapat gumawa dahil magrerely po ang approval sa government agencies hindi po sa akin.

Ang tanong ko po ay ito, nasa batas po ba ng labor na kailangan mareceive ng isang resigned employee ang kanyang 13th month pay katulad ng sa mga employee before December 24? At may rights po ba sila i hold ito?

Sana po ay matulungan nyo ako kailangan ko din po ang pera para sa nalalapit kong panganganak.