Title
Employer Compliance with 13th Month Pay Report
Law
Dole Department Advisory No. 4, S. 2008
Decision Date
Dec 9, 2008
Employers are mandated to pay their employees a 13th month pay by December 24 each year and must report compliance to the nearest Regional Office by January 15.

Questions (DOLE DEPARTMENT ADVISORY NO. 4, S. 2008)

To remind all covered employers to comply with Section 8 of the Rules and Regulations implementing Presidential Decree (PD) No. 851, specifically the obligation to submit a report of compliance regarding 13th month pay.

It references the Rules and Regulations implementing PD No. 851 (on 13th month pay), particularly Section 8 on the report of compliance.

On or before December 24 of every year.

Every covered employer must submit a report of compliance with the decree.

To the nearest Regional Office of DOLE.

Not later than January 15 of each year.

It must conform substantially to a form titled “Report on compliance with PD No. 851” and include the listed information (name, address, business, employment totals, number of workers benefitted, amount per employee, total amount granted, and contact details of the person giving information).

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.

The report should follow the same essential items and format requirements substantially, though exact wording or minor presentation may vary, so long as the required information is provided.

It mainly addresses reporting compliance under Section 8; the underlying obligation to pay 13th month pay on or before December 24 comes from PD No. 851 and its implementing rules.

The report should include the name, position, and telephone number of the person giving information.

The name of establishment and address, as well as the principal product or business.

Based on the employer’s records during the relevant period: “total employment” refers to the total workforce covered/employed by the establishment, while “total number of workers benefitted” refers to those who actually received the 13th month pay.

It is required every year: Section 8 states the report must be submitted not later than January 15 of each year.

It reinforces and publicizes the legal requirement to file the report of compliance, guiding employers on what information to submit and when to submit it to avoid administrative non-compliance.


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