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Employees Not Covered By The 13th Month Pay Law

The Labor Code distinguishes a rank-and-file employee from a managerial employee. It provides that a managerial employee is one who is vested with powers of prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge, assign or discipline employees, or to effectively recommend such managerial actions. All employees not falling within this definition are considered rank-and-file employees.

Are resigned or separated employees entitled to 13th month pay?

An employee who has resigned or whose services are terminated at any time before the time of payment of thirteenth month pay is entitled to this monetary benefit in proportion to the length of time he or she has worked during the year, reckoned from the rime he or she has started working during the calendar year up to the time of his or her resignation or termination from the service. (Revised Guidelines on the Implementation of 13th Month Pay Law)

13th Month Pay for Certain Types of Employees Under the Revised Guidelines on the Implementation of the 13th Month Pay Law

Pursuant to the Revised Guidelines on the Implementation of the 13th Month Pay Law, the following certain types of employees are also entitled to 13th month pay: Employees paid by results; Those with multiple employers; and,  Private school teachers.

National Health Emergency Preparedness Day (Proclamation No. 705, series of 1995)

December 6 of every year is declared as National Health Emergency Preparedness Day, by virtue of Presidential Proclamation No. 705, series of 1995. 

The celebration is intended to promote awareness among Filipinos regarding health emergency preparedness through public health education, training and information dissemination at the national level.

Minimum Amount of 13th Month Pay

13th month pay shall mean one-twelfth (1/12) of the basic salary of an employee within a calendar year. (Section 2, par. a, Rules and Regulations Implementing Presidential Decree No. 851)

The minimum 13th month pay required by law shall not be less than one-twelfth of the total basic salary earned by an employee within a calendar year. (par. 4 [a], Revised Guidelines on the Implementation of the 13th Month Pay Law)

Trafficking in Persons (Republic Act No. 10364)

Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders by means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

MIRANDA RIGHTS

Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (Section 12, par. 1, Article III, 1987 Constitution)