Calculates the separation pay due to employees terminated for authorized causes (e.g., retrenchment, closure) under the Philippine Labor Code. For employees and employers.
What is 13th Month Pay in the Philippines?
13th month pay is a mandatory benefit granted to all rank-and-file employees in the private sector in the Philippines, as mandated by Presidential Decree No. 851. It is equivalent to one-twelfth (1/12) of an employee's total basic salary earned within a calendar year. The law requires employers to pay this benefit on or before December 24 of every year.
How is 13th Month Pay Calculated?
The fundamental formula for computing the 13th month pay is: (Total Basic Salary Earned During the Year) / 12.
Total Basic Salary Earned includes only the basic salary or wage. It does not include allowances, overtime pay, holiday pay, night shift differential, and other monetary benefits which are not considered part of the basic salary.
For employees who have not worked a full calendar year, the pay is prorated based on the number of months they have worked. Furthermore, deductions are made for periods of unpaid absences.
Step-by-Step Computation
- Determine the Total Basic Salary Earned: For monthly-paid employees, multiply the monthly basic salary by the number of months worked. For daily-paid employees, multiply the daily wage by the standard number of working days per month (commonly 26) and then by the number of months worked.
- Calculate the Daily Rate for Deductions: For monthly earners, the daily rate used to deduct unpaid absences is computed by annualizing the salary (multiplying by 12) and dividing by 365 days. For daily earners, the daily wage is the daily rate.
- Deduct for Unpaid Absences: Multiply the daily rate by the total number of unpaid absence days and subtract it from the total basic salary earned.
- Compute the Gross 13th Month Pay: Divide the result from Step 3 by 12.
- Apply the Tax Exemption: Under the TRAIN Law (BIR Revenue Regulations No. 11-2018), the first ₱90,000 of an employee's combined 13th month pay and other benefits is exempt from income tax. Any amount exceeding this threshold is subject to withholding tax.
Example Calculation
Maria is a monthly-paid employee with a basic salary of ₱25,000. She worked from January 1 to October 31 (10 months) and had 3 days of unpaid leave.
- Total Basic Salary Earned: ₱25,000 x 10 months = ₱250,000
- Daily Rate: (₱25,000 * 12) / 365 = ₱821.92
- Deduction for Unpaid Absences: ₱821.92 x 3 days = ₱2,465.76
- Adjusted Total Salary: ₱250,000 - ₱2,465.76 = ₱247,534.24
- Gross 13th Month Pay: ₱247,534.24 / 12 = ₱20,627.85
- Since this amount is below ₱90,000, the entire sum is tax-exempt. Maria's gross 13th month pay is ₱20,627.85.
Frequently Asked Questions
Who is entitled to 13th month pay?
All rank-and-file employees in the private sector who have worked for at least one month during the calendar year are entitled, regardless of their employment status (e.g., regular, probationary, project-based).
Is 13th month pay taxable?
The first ₱90,000 of the combined total of your 13th month pay and other benefits (like productivity bonuses) is exempt from income tax. Only the excess amount is taxable.
What if I resign before December?
You are still entitled to a prorated 13th month pay. It should be released upon the final settlement of your accounts (final pay), not necessarily in December.
Can an employer not give 13th month pay?
No. Payment of 13th month pay is mandatory under Philippine law. Employers who fail to pay may be reported to the Department of Labor and Employment (DOLE).
Preparing Employment Documents
After calculating your entitlement, it's important to have clear employment records. For new hires, a comprehensive Employment Contract should explicitly state the basic salary, which is the foundation for computing this benefit. For employees leaving a company, a Resignation Letter or Employment Termination Letter should be prepared, and the final pay—including any prorated 13th month pay—should be clearly itemized and settled.