Employees told: No 13th month pay till now? File complaint at DOLE-7 office

Salome Siaton, Department of Labor and Employment in Central Visayas regional director | CDN Digital file photo

CEBU CITY, Philippines — The Department of Labor and Employment in Central Visayas (DOLE-7) is encouraging employees from private establishments to lodge a complaint before their office, if they have not received yet their 13th month pay until now.

“Under the law, the 13th month pay should be given not later than December 24. If ever they cannot give that, then of course they are liable for their responsibility. When the employee comes to the office, then we will call on them and let them pay,” DOLE-7 Regional Director Salome Siaton said.

Siaton said that if the company would fail to pay the 13th month pay of their employees despite an existing complaint, the agency would conduct a formal inspection to the companies involve looking into their compliance.

“If walang settlement, we will issue a compliance order after due process of law,” she added.

Read more: 13th Month Pay and Christmas bonus are two different things — DOLE-7 chief

Siaton, however, clarified that they would only subject companies to an inspection if there is still employee-employer relationship between the parties involved.

Those complaints regarding 13th month pay from employees who already separated from their company would be referred to the National Labor Relations Commission (NLRC) if they would fail to undergo settlement before the Single-Entry-Approach (SENA).

Aside from this, the agency will also ask companies to submit a compliance report.

She said that under Presidential Decree No. 851 or the 13th Month Pay Law, employers would be required to submit a compliance report after they had released such benefit to their employees.

“They are required to submit the report,” she said, adding that not all companies had been compliant in submitting a compliance report since the law did not possess a corresponding penalty.