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.

Legal basis and governing regulation

  • The advisory is grounded on the Rules and Regulations implementing Presidential Decree No. 851.
  • The governing rule being enforced through reminder is Section 8 on “Report of Compliance.”
  • The underlying substantive payment obligation referenced is employers paying a 13th month pay on or before December 24 of every year under Presidential Decree No. 851.

Purpose: compliance with reporting requirement

  • Covered employers are reminded to submit the required annual report of compliance with Presidential Decree No. 851.
  • The annual reporting obligation focuses on compliance with the 13th month pay requirement for the year covered by the payment deadline December 24.
  • Compliance with Section 8 is treated as a mandatory administrative step for covered employers.

Who must report and where

  • Every covered employer must make an annual report of compliance.
  • The report must be sent to the nearest Regional Office.
  • The reporting requirement applies to employers that are covered by the Rules and Regulations implementing Presidential Decree No. 851.

Deadline and timing of filing

  • The report must be filed not later than January 15 of each year.
  • The filing deadline is tied to the yearly compliance period following the December 24 13th month pay deadline.

Required report format and contents

  • The report must conform substantially with the required form titled “Report on compliance with PD No. 851.”
  • The report must include the following items:
    • 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 form is expressly structured as a compliance report with PD No. 851.

Effectivity and adoption

  • The compliance report form is adopted on 9 Dec. 2008.
  • The advisory takes effect as a directive reminding employers to comply with the existing reporting rule in Section 8.

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