The government will brook no compromise when it comes to worker’s rights, a press release from the Department of Labor and Employment said.

DOLE Secretary Rosalinda Dimapilis-Baldoz yesterday issued Department Advisory No. 02 Series of 2012, which spells out the guidelines on the payment of the 13th month pay.

“All wage and salary workers are entitled to the 13th month pay as mandated by law,” Baldoz said.

This early, workers are already expecting the payment of year-end benefits, including the statutory 13th month pay, so the reminder to all employers to comply with the payment of the 13th month pay is timely, she added.

The 13th month pay is a core labor standard and the DOLE will not compromise on its payment by the employers to their workers, Baldoz said.

The Labor Code of the Philippines requires all private sector employers to pay their rank-and-file employees a 13th month pay regardless of their position, designation, or employment status irrespective of the method by which their wages are paid, provided they have worked for at least one month during a calendar year, the press release said.

Department Advisory No. 02 reiterates Section 8 of Presidential Decree No. 851 which requires private sector employers to pay their employees their 13th month pay on or before 24 December of every year.

The advisory defines 13th month pay as one twelfth (1/12) of the basic salary of an employee within a calendar year, the press release said.

The advisory requires every covered employer to make a report of his compliance with the provision on the law on the 13th month pay to the nearest DOLE Regional Office not later than January 15 of each year.

The report shall conform substantially to the following form contents, name of establishment, address, principal product or business, total employment, total number of workers benefited, amount granted per employee, total amount of benefits granted, name, position, and telephone number of person giving information, the press release said.

Baldoz called on workers to report violations to the DOLE Call Center at 527-8000, the Bureau of Working Conditions at tel. no. 527-3000 local 301 and 307, or the nearest DOLE Regional Office in their locality, the press release also said.*

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