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DOLE Receives 149 Complaints on Non-payment of 13thmonth Pay
« on: January 07, 2017, 06:28:00 AM »
DOLE receives 149 complaints on non-payment of 13thmonth pay, other labor related inquiries
By Ferdinand G. Patinio

MANILA, January 4, 2017 -- The Department of Labor and Employment (DOLE) has received a total of 149 calls, as of Monday, complaining that they have not received their 13th month pay, which is provided under the Labor Code.

According to Usec. Dominador Say, the complaints will be verified, once it was proven to be true, the DOLE will contact the employer and will be asked to explain.

"If based sa call, hindi sila nakatanggap, ipapatawag namin ang employer," he said.

According to the data from the DOLE's call center, it received a total of 149 calls from December 24, 2016 to January 2, 2017. All of the callers are complaining about the non-release of their 13th month pay by their employers.

Last year, the department has received a total of 725 calls from December 24, 2015 to January 31, 2016, including those who did not received the one-month payment as provided by law and other concerns asking about the computation of the 13 month pay.

Say noted that aside from complaints of non-payment of 13th month pay, the call center also reviewed calls on how the payment is being computed.

"Dalawang subject matters iyan. Ang una, tinatanong nila kung papaano 'yung computation ng 13th month pay. Obviously, nakakatanggap sila ng amount pero hindi nila alam kung malaki ba ito or maliit...'Yung ibang tanong naman, hindi sila nakatanggap," he added.

The DOLE official stressed that the law provides that 13th month pay should be given on or before December 24.

"On or before December 24 (dapat natanggap na ito ng empleyado). So 'yung natanggap nila nung 24, naganalyze sila bakit kulang ito pambili ng salad. Naiisipan nila magtanong nung 26, so we have about approximately 150 calls. Between that period Dec. to Jan. 2," he added.

Under the law, all employers are mandated to pay their 13th month pay on or before December 24, regardless of the nature of their employment, and irrespective of the methods by which their wages are paid, provided they worked for at least one month during a calendar year.

The said payment is defined to mean one-twelfth (1/12) of the basic salary of an employee within a calendar year.

The basic salary includes all remunerations or earnings paid by an employer to an employee for services rendered, but may not include cost-of-living allowances (COLA), profit-sharing payments, cash equivalents of unused vacation and sick leave credits, overtime pay, premium pay, night shift differential pay, holiday pay, and all allowances and monetary benefits which are not considered, or integrated as part of the regular or basic salary of the employee.

With this, Say noted that employers are required to submit reportorial requirements that would indicate the number of employees that received their 13th month pay.

"Lahat ng employers na nagbigay ng 13th month pay. Kasama iyan as administrative requirements ng PD 851. They would have to submit reportorial requirements iyan kung ilan yung tao yung binigyan mo ng 13th month pay. Magkano ang binigay mo," he said.

At the same time, the DOLE official warned those who failed to comply with the requirements of the law.

"May reassessment. May amount iyon na iassess namin. Ipapamandatory conference iyon para mainform sila. Kung after the process at napatunayan na talagang hindi nagbigay, bibigyan namin ng panahon para icomply nila, otherwise baka doble iyan.

"(For example)PHP50,000 lang iyan. Ayaw mo sumunod. Magiging PHP100,000 iyon. May double indemnity iyon. Kapag ayaw pa rin nila, hahatakin yung kotse mo. Io-auction iyon to satisfy the benefits of the employees," he added. (PNA)
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