Question & AnswerQ&A (DOLE DEPARTMENT ADVISORY NO. 4, S. 2008)
Employers are required to pay their employees the 13th month pay on or before December 24 of every year.
Covered employers must report their compliance to the nearest Regional Office of the Department of Labor and Employment (DOLE).
The compliance report must be submitted not later than January 15 of each year.
The report must include: 1) Name of establishment; 2) Address; 3) Principal product or business; 4) Total employment; 5) Total number of workers benefitted; 6) Amount granted per employee; 7) Total amount of benefits granted; 8) Name, position and telephone number of person giving information.
To require employers to pay their employees a 13th month pay annually on or before December 24 of every year.
All covered employers and their employees as defined under PD No. 851, which generally includes private sector employees regardless of the nature of their employment.
Section 8 mandates that every covered employer must report their compliance with the 13th month pay requirement to the DOLE Regional Office annually.
Submitting the report ensures transparency, enforcement of the law, and helps DOLE monitor employer compliance with the mandatory 13th month pay.
While the advisory does not specify penalties, failure to comply may result in investigations, penalties, or sanctions by DOLE for non-compliance with PD No. 851.
The advisory was signed and adopted by Rosalinda D. Baldoz, Acting Secretary of DOLE.