Employees paid on a purely commission basis are not entitled to 13th month pay.
However, these salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees.
The required 13th month pay shall be paid not later than December 24 of each year.
Private school teachers are entitled to 13th month pay regardless of the numbers of months they work in a year, provided it is at least one month.
Employees who resigned or were separated during the calendar year shall be entitled to 13th month pay in proportion to the length of time he worked during the year, provided it is at least one month.
The payment may be demanded by the employee upon the cessation of employment.
But today I take it that every intelligent person who has investigated this question, outside of the counsel for the State, understands that working men have the right to organize; understands that if laborers are not satisfied with their conditions, they may stop work; they may stop work singly or collectively, exactly as they please, and no court will say them nay.An employer, however, may give to his employees one half of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year.The frequency of payment of this monetary benefit may be the subject of agreement between the employer and the recognized/collective bargaining agent of the employees.Only basic salary is included in the computation of 13th month pay.Allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances, shall be excluded from the computation. With the removal of the salary ceiling, all rank and file employees become entitled to a 13th month pay regardless of the amount of their monthly basic salary (unless their employers are exempted from the application of PD 851).