DOLE orders employers: Release 13th month pay on time, no exemptions

ILOILO City – The Department of Labor and Employment (DOLE) Region 6 has issued a reminder to all employers in Western Visayas to strictly comply with the mandatory release of the 13th month pay, emphasizing that no request for exemption or deferment will be accepted under national labor rules.

The directive follows DOLE secretary Bienvenido Estudillo Laguesma’s issuance of Labor Advisory No. 16, Series of 2025, reiterating employers’ legal obligation under Presidential Decree 851.

“These guidelines are hereby issued pursuant to Article 5 of the Labor Code of the Philippines… requiring employers in the private sector to pay their rank-and-file employees 13th month pay,” the advisory stated.

DOLE-6 regional director Atty. Sixto Rodriguez Jr. stressed that compliance reflects not only adherence to the law but ethical business conduct.
“The timely release of mandatory benefits is not only a legal obligation but also a reflection of responsible business practices,” Rodriguez said. He added that the regional office “is committed to assisting both employers and employees in ensuring smooth and lawful compliance with this requirement.”

Coverage and Computation

Under the guidelines, all rank-and-file employees in the private sector — regardless of position, designation, employment status, wage method, or work arrangement — must receive their 13th month pay as long as they have worked at least one month during the calendar year.

This includes:

* Piece-rate workers

* Employees receiving fixed or guaranteed wage plus commission

* Workers with multiple employers

* Employees who have resigned or were terminated

* Employees on maternity leave who received salary differential

The minimum amount shall not be less than one-twelfth (1/12) of an employee’s total basic annual salary.

Allowances and monetary benefits not considered part of basic salary — such as unused leave credits, overtime pay, premium pay, night shift differential, holiday pay, and COLA (Cost of Living Allowance) — are excluded, unless company policy or agreements classify them as part of basic salary.

Employers must release the 13th month pay on or before December 24, 2025.

Strict Ban on Exemptions

DOLE reiterated that no exemption or deferment of payment will be entertained this year.

Employers are required to file their compliance report via the DOLE Online Compliance Portal (https://reports.dole.gov.ph/) no later than January 15, 2026, providing details such as:

* Establishment name and address

* Nature of business

* Total employment

* Number of employees who received the benefit

* Amount per employee

* Total benefits granted

* Name and contact details of the reporting officer/PN

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