13th Month Pay Entitlement

Summary

An employee who has worked for 10 months is entitled to a proportionate 13th month pay, even if they resign mid-year. The 15th month pay is an economic benefit that can be negotiated in a Collective Bargaining Agreement (CBA).

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STATEMENT A: An employer may unilaterally deduct the value of facilities from the employee’s salary. STATEMENT B: Employees may still bargain their economic benefits from their employer even in the absence of a labor union within the company. Only “Statement “B” is false. Neither is false. Only “Statement “A” is false. Both statements are false.
Based on the information, here's the guidance for each statement:
- Statement A: An employer generally cannot unilaterally deduct the value of facilities from the employee’s salary without the employee's consent. Therefore, this statement is false.
- Statement B: Employees can indeed negotiate their economic benefits individually or through groups even without a labor union. Thus, this statement is true.
Conclusion:
Only “Statement A” is false.
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STATEMENT A: An overtime pay can never be waived. STATEMENT B: An employee who goes on overbreak should not be paid during the excess of such overbreak. Only “Statement “B” is false. Only “Statement “A” is false. Neither is false. Both statements are false.
Based on the provided information:
- Statement A: Overtime pay is a right that cannot be waived under Philippine labor laws. Employers must pay employees for overtime work.
- Statement B: If an employee exceeds their break time, they should not be paid for the excess time.
Conclusion:
Neither statement is false.
why is it neither
Case Rating: *
For Statement A: Overtime pay cannot be waived according to Philippine labor laws, thus it is true.
For Statement B: Employees should not be paid for the time they exceed their break, making it true as well.
Since both statements are true, the conclusion that "Neither is false" is correct.
Is there anything specific about this topic you need further assistance with?
STATEMENT A: Telecommuting program is compulsory in every company. STATEMENT B: All drivers are field workers. Only “Statement “A” is true. Both statements are true. Only “Statement “B” is true. Neither statement is true.
Case Rating: *
For the statements provided:
- Statement A: Telecommuting program is not compulsory in every company. It depends on company policies and specific circumstances.
- Statement B: Not all drivers are necessarily considered field workers. This can vary depending on the nature of their job.
Conclusion: Neither statement is true.
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STATEMENT A: An employee who arrived late for two (*) hours but rendered a *-hour overtime work must not be paid any overtime pay because he failed to complete at least * hours within the same working day. STATEMENT B: A female employee’s maternity benefit may be availed of but only up to four (*) pregnancies. Only “Statement “B” is false. Both statements are false. Neither is false. Only “Statement “A” is false.
Case Rating: *
To provide guidance on your current statements:
- Statement A: This is false. An employee is entitled to overtime pay regardless of whether they completed * hours of regular work, as long as they worked beyond the regular working hours.
- Statement B: This is also false. Under Philippine law, a female employee can avail of maternity benefits for every pregnancy, without a limit on the number of pregnancies.
So the correct answer is: Both statements are false.
STATEMENT A: A supplement is granted for the convenience of the employee. STATEMENT B: If there is no new CBA between the Labor Union and the company, the old CBA is automatically renewed. Both statements are false. Only “Statement “B” is false. Only “Statement “A” is false. Neither is false.
Case Rating: *
To provide guidance on your statements:
- Statement A: This is false. Supplements are typically granted as part of an employment contract or benefits package and are not solely for the convenience of the employee.
- Statement B: This is not entirely accurate. The old CBA may continue to operate until a new one is negotiated, but it isn't automatically renewed in the strict sense.
So the correct answer is: Both statements are false.
Is there anything more specific you need help with?
why is statement b false
Case Rating: *
Statement B is false because it is not necessary for a Collective Bargaining Agreement (CBA) to contain economic benefits that are an exact replica of the Labor Code. A CBA can provide additional benefits beyond what is stated in the Labor Code, allowing for negotiations that favor the employees more than the minimum standards set by the Labor Code.
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STATEMENT A: Security guards are allowed to sleep at work. STATEMENT B: A legal consultant is either an employee or an independent contractor of a company.
Case Rating: *
Security guards generally are not allowed to sleep at work as part of their duties, and legal consultants can indeed be either employees or independent contractors, depending on the terms of their engagement.
Is there anything specific you need assistance with regarding these statements?
STATEMENT A: Security guards are allowed to sleep at work. STATEMENT B: A legal consultant is either an employee or an independent contractor of a company. Only “Statement “A” is true. Neither statement is true. Only “Statement “B” is true. Both statements are true.
Case Rating: *
Here is the guidance for the provided statements:
- Statement A: Security guards generally are not allowed to sleep at work as part of their duties. Thus, this statement is false.
- Statement B: A legal consultant can be either an employee or an independent contractor, depending on the terms of their engagement. Therefore, this statement is true.
Conclusion: Only “Statement B” is true.
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STATEMENT A: In payment of wages, “no work, no pay” is the governing principle regarding the wages of striking employees, regardless of the legality of such strike. STATEMENT B: Only private employees may be covered by PAGIBIG. Only “Statement “B” is false. Neither is false. Both statements are false. Only “Statement “A” is false.
Case Rating: *
For Statement A: It is generally true that the "no work, no pay" principle applies to striking employees, regardless of the legality of the strike.
For Statement B: This is false. Both private and government employees are covered by PAGIBIG.
Conclusion: Only “Statement B” is false.
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STATEMENT A: An employed may validly invoke “No Strike, No Lockout Clause” in the CBA in case of ULP strikes. STATEMENT B: Premium payments are included in the computation of basic wage. Only “Statement “A” is true. Neither statement is true. Both statements are true. Only “Statement “B” is true.
Case Rating: *
For your current statements:
- Statement A: This is true. A "No Strike, No Lockout Clause" in a Collective Bargaining Agreement (CBA) can be invoked in cases of Unfair Labor Practice (ULP) strikes.
- Statement B: This is false. Premium payments are typically not included in the computation of basic wage.
Conclusion: Only “Statement A” is true.
Is there anything else you need assistance with?
why are premium payments not included in the computation of basic wage
Case Rating: *
Premium payments are not included in the computation of basic wage because:
- Basic wage refers to the regular compensation for standard work hours.
- Premium payments, such as overtime, night shift differential, and holiday pay, are additional compensations for work performed beyond standard hours.
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STATEMENT A: There is wage distortion if the rank-and-file employee’s wages has a difference of at most ten (*%) from a managerial employee’s salary. STATEMENT B: A simple violation of CBA provisions is equivalent to ULP. Both statements are false. Only “Statement “A” is false. Neither is false. Only “Statement “B” is false.
Case Rating: *
In response to your query, here is the guidance:
- Statement A: This is false. Wage distortion typically occurs when a mandated wage increase results in a significant reduction of the wage gap between higher and lower positions, but it’s not defined by a specific percentage.
- Statement B: This is also false. A simple violation of Collective Bargaining Agreement (CBA) provisions does not automatically equate to Unfair Labor Practice (ULP); ULP involves specific acts that violate workers' rights to self-organization.
Conclusion: Both statements are false.
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STATEMENT A: Salary is different from wages. STATEMENT B: The Labor Code applies suppletorily if the SEBA has already an established collective bargaining procedure. Only “Statement “B” is false. Both statements are false. Neither is false. Only “Statement “A” is false.
Case Rating: *
For the provided statements:
- Statement A: This is true. Salary generally refers to a fixed regular payment, typically paid on a monthly basis, while wages are usually paid based on the number of hours worked or tasks completed.
- Statement B: This is false. The Labor Code can apply suppletorily even if there is an established collective bargaining procedure by the SEBA (Sole and Exclusive Bargaining Agent).
Conclusion: Only "Statement B" is false.
STATEMENT A: A gynecological disorder leave may be availed of any employee in a company. STATEMENT B: Refusal to bargain is a form of ULP which may be committed by either the employer or the labor union. Only “Statement “B” is false. Only “Statement “A” is false. Neither is false. Both statements are false.
Case Rating: *
To help you further with your query:
- Statement A: Gynecological disorder leave can generally be availed only by female employees as per Philippine labor laws.
- Statement B: Refusal to bargain is indeed a form of Unfair Labor Practice (ULP) and can be committed by both the employer and the labor union.
Conclusion: Only "Statement A" is false.
Is there anything else you need help with?
STATEMENT A: A *-year-old employee who was laid off due to age may still be entitled to unemployment benefit. STATEMENT B: An employee who is */* on call but is 1km away from her work premises must be paid during such time she is made to wait. Only “Statement “A” is false. Neither is false. Only “Statement “B” is false. Both statements are false.
Case Rating: *
To provide guidance on your current statements:
- Statement A: This is generally true. A *-year-old employee laid off due to age may still be entitled to unemployment benefits, depending on specific circumstances and eligibility criteria.
- Statement B: This is false. An employee who is on call but not required to be at the work premises does not have to be paid for the waiting time unless it is stipulated otherwise in their employment contract.
Conclusion: Only “Statement B” is false.
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STATEMENT A: All Filipinos are now members of Philhealth. STATEMENT B: The employee has the burden of proof that he was required by the employer to render an overtime work. Only “Statement “B” is false. Neither is false. Only “Statement “A” is false. Both statements are false.
Case Rating: *
- Statement A: True. All Filipinos are now automatically members of PhilHealth under the Universal Health Care Law.
- Statement B: True. The employee must prove that overtime work was required by the employer.
Conclusion: Neither is false.
Is there anything else you need assistance with?
STATEMENT A: An employer may refuse to bargain on non-mandatory subjects of bargaining. STATEMENT B: A bank employee can demand a service charge from his employer. Only “Statement “B” is true. Neither statement is true. Both statements are true. Only “Statement “A” is true.
Case Rating: *
To provide guidance on your current statements:
- Statement A: True. An employer may refuse to bargain on non-mandatory subjects of bargaining.
- Statement B: False. Bank employees generally cannot demand a service charge from their employer.
Conclusion: Only “Statement A” is true.
Is there another legal issue you need assistance with?
STATEMENT A: Filipino citizens who are employed abroad are not mandated to be covered by PAGIBIG. STATEMENT B: It is the employer which has the burden of proof that the employee went on undertime. Only “Statement “A” is true. Both statements are true. Neither statement is true. Only “Statement “B” is true.
Case Rating: *
To address your query:
- Statement A: False. Filipino citizens employed abroad are required to be covered by PAGIBIG.
- Statement B: True. The employer has the burden of proof to show that the employee went on undertime.
Conclusion: Only "Statement B" is true.
Is there anything else you need assistance with?
STATEMENT A: A government employee is entitled to 13th month pay. STATEMENT B: Insistence on bargaining over non-mandatory subjects may be construed as bargaining in bad faith. Both statements are true. Neither statement is true. Only “Statement “A” is true. Only “Statement “B” is true.
Case Rating: *
For your statements:
- Statement A: False. Government employees in the Philippines are generally not entitled to the 13th month pay, as this benefit is typically for private sector employees.
- Statement B: True. Insistence on bargaining over non-mandatory subjects may be construed as bargaining in bad faith.
Conclusion: Only “Statement B” is true.
STATEMENT A: A Managerial employee is entitled to 13th month pay. STATEMENT B: If an employee has died, it is necessary for his/heirs to present an “Extrajudicial Settlement of Estate” in order for the latter to be entitled to the deceased’s backpay from the company. Only “Statement “B” is false. Only “Statement “A” is false. Neither is false. Both statements are false.
Case Rating: *
To address your statements:
- Statement A: True. Managerial employees are generally entitled to 13th month pay under Philippine law.
- Statement B: True. Heirs usually need to present an “Extrajudicial Settlement of Estate” to claim the deceased’s backpay.
Conclusion: Neither is false.
Do you need assistance with another legal issue?
i think statement a is false
Case Rating: *
Here's the information regarding your statement:
- Statement A: True. Managerial employees are generally entitled to 13th month pay under Philippine law.
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STATEMENT A: The value of damages that may be deducted from the employee’s wages must at least be twenty percent (*%). STATEMENT B: A chief mechanic in a manufacturing company while doing nothing inside the company is still entitled to compensation. Only “Statement “B” is true. Both statements are true. Neither statement is true. Only “Statement “A” is true.
Case Rating: *
To help you with your query:
- Statement A: False. Deduction from an employee's wages for damages generally requires the employee's consent and must follow legal guidelines, but there is no specific percentage mandated by law.
- Statement B: True. As long as the chief mechanic is under the company's employ and on duty, they are entitled to compensation even if they are not actively working at that moment.
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STATEMENT A: Normal working hours shall not exceed eight (*) hours a day. STATEMENT B: A company may deduct from the employee’s salaries the value of monthly amortization of the employee’s salary loan. Only “Statement “B” is true. Both statements are true. Only “Statement “A” is true. Neither statement is true.
Case Rating: *
- Statement A: True. Normal working hours should not exceed * hours a day as per Philippine labor laws.
- Statement B: True, provided that the employee has authorized the deduction for the salary loan amortization.
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STATEMENT A: A shorter meal period may be made permanent as determined by the DOLE Secretary. STATEMENT B: If both parties have entered into a collective bargaining, they are expected to reach an agreement once the negotiations are over. Only “Statement “A” is false. Both statements are false. Neither is false. Only “Statement “B” is false.
Case Rating: *
For your query:
- Statement A: True. The DOLE Secretary can authorize a shorter meal period under specific circumstances.
- Statement B: False. While both parties in collective bargaining are expected to negotiate in good faith, there is no guarantee they will reach an agreement.
Conclusion: Only "Statement B" is false.
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STATEMENT A: A collective bargaining may be suspended if there is a pending issue regarding the legitimacy of SEBA. STATEMENT B: An employee may choose to receive her salary in kind by executing a written waiver in favor of her employer. Both statements are true. Only “Statement “B” is true. Only “Statement “A” is true. Neither statement is true.
Case Rating: *
To address your current statements:
- Statement A: True. A collective bargaining may be suspended if there is a pending issue regarding the legitimacy of SEBA (Sole and Exclusive Bargaining Agent).
- Statement B: False. Employees cannot receive their salary in kind as it violates the principle of payment in legal tender under Philippine labor laws.
Conclusion: Only “Statement A” is true.
Is there another legal issue you need assistance with?
STATEMENT A: In the computation of night shift differential, the base rate for such benefit shall be the overtime rate if the employee was authorized to render overtime work. STATEMENT B: For an employee to avail of ECP benefits, his illness or injury must be connected to his work, whether directly or not. Only “Statement “B” is false. Neither is false. Both statements are false. Only “Statement “A” is false.
Case Rating: *
To provide guidance on your statements:
- Statement A: False. The night shift differential is typically computed using the employee's regular rate, not the overtime rate, even if the employee rendered overtime work.
- Statement B: True. For an employee to avail of Employees' Compensation Program (ECP) benefits, the illness or injury must be work-related.
Conclusion: Only “Statement A” is false.
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STATEMENT A: Bargaining Deadlock takes place when the employer and the labor union could not come up into conclusive terms regarding collective bargaining. STATEMENT B: A managerial employee is entitled to service charges. Only “Statement “B” is false. Both statements are false. Only “Statement “A” is false. Neither is false.
Case Rating: *
- Statement A: True. A bargaining deadlock occurs when the employer and the labor union cannot come to conclusive terms regarding collective bargaining.
- Statement B: False. Managerial employees are generally not entitled to service charges.
Conclusion: Only “Statement B” is false.
Is there another legal issue you need assistance with?
STATEMENT A: If an employee went on absence without leave (AWOL) a day prior to a regular holiday, he should not be paid a holiday premium if he goes to work during such day. STATEMENT B: Field personnel may be considered as telecommuting employees. Both statements are false. Only “Statement “A” is false. Neither is false. Only “Statement “B” is false.
Case Rating: *
To provide guidance on your statements:
- Statement A: True. An employee who went on AWOL a day before a regular holiday should not be paid a holiday premium even if they work on the holiday itself.
- Statement B: False. Field personnel typically work outside the office and are not considered telecommuting employees.
Conclusion: Only “Statement B” is false.
Is there another legal issue you need assistance with?
STATEMENT A: Coffee break is a compensable working time. STATEMENT B: Only employees who were terminated from service due to just causes are entitled to employment benefits. Both statements are true. Only “Statement “B” is true. Only “Statement “A” is true. Neither statement is true.
Case Rating: *
- Statement A: Generally, coffee breaks are considered compensable working time as long as they are brief (usually * to * minutes) and benefit the employer.
- Statement B: False. Employees terminated for just causes are not entitled to separation pay, although they may still be entitled to other benefits like final pay or accrued leaves.
Conclusion: Only "Statement A" is true.
Is there another legal issue you need assistance with?
STATEMENT A: Bonuses are always demandable by an employee. STATEMENT B: A CBA may be either modified or terminated during the Freedom Period. Neither statement is true. Only “Statement “A” is true. Only “Statement “B” is true. Both statements are true.
Case Rating: *
- Statement A: False. Bonuses are typically discretionary and not always demandable by an employee unless specified in the employment contract or company policy.
- Statement B: True. A CBA may be modified or terminated during the Freedom Period.
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STATEMENT A: Minimum wages are uniform nationwide. STATEMENT B: The absence of a grievance machinery in the CBA is a gross violation thereof. Only “Statement “A” is false. Only “Statement “B” is false. Neither is false. Both statements are false.
Case Rating: *
To provide guidance on your statements:
- Statement A: False. Minimum wages vary by region in the Philippines, as Regional Tripartite Wages and Productivity Boards set different rates.
- Statement B: True. The absence of a grievance machinery in a Collective Bargaining Agreement (CBA) is a serious violation as it deprives employees of a mechanism to address disputes.
Conclusion: Only “Statement A” is false.
Is there another legal issue you need assistance with?
TATEMENT A: A construction worker is entitled to a shortened meal period. STATEMENT B: Botox and other aesthetic procedures are covered by Philhealth. Only “Statement “A” is true. Both statements are true. Neither statement is true. Only “Statement “B” is true.
Case Rating: *
For your query:
- Statement A: True. A construction worker may be entitled to a shortened meal period under specific conditions as determined by the Department of Labor and Employment (DOLE).
- Statement B: False. Botox and other aesthetic procedures are generally not covered by PhilHealth as they are considered elective and non-essential.
Conclusion: Only “Statement A” is true.
Would you like assistance with another legal issue?
STATEMENT A: A telecommuting employee who works for more than eight (*) hours is entitled to overtime pay. STATEMENT B: The SEBA must commence bargaining with the employer within twelve months after its certification as SEBA. Only “Statement “B” is true. Neither statement is true. Only “Statement “A” is true. Both statements are true.
Case Rating: *
To guide you on your statements:
- Statement A: True. A telecommuting employee is entitled to overtime pay if they work more than eight (*) hours, similar to regular employees.
- Statement B: False. The SEBA must commence bargaining with the employer within a reasonable time after certification, but the specific time frame may vary.
Conclusion: Only “Statement A” is true.
Would you like assistance with another legal issue?
STATEMENT A: An employee who was dismissed from employment due to abandonment is entitled to unemployment benefit. STATEMENT B: If an employee stays for work beyond *:* PM (for 8AM to 5PM working hours) after availing of a shortened meal period, he is already entitled to an overtime pay. Neither statement is true. Only “Statement “B” is true. Both statements are true. Only “Statement “A” is true.
Case Rating: *
- Statement A: False. An employee dismissed due to abandonment is generally not entitled to unemployment benefits.
- Statement B: True. If an employee works beyond their scheduled working hours (e.g., *:* PM), they are entitled to overtime pay.
Conclusion: Only “Statement B” is true.
Is there anything else you need assistance with?
STATEMENT A: Any labor union operating within the company may be a party to the collective bargaining. STATEMENT B: A gynecological disorder leave benefit is equivalent to *-month leave with pay based on the female employee’s gross monthly salary. Only “Statement “B” is true. Only “Statement “A” is true. Neither statement is true. Both statements are true.
Case Rating: *
- Statement A: False. Only the recognized or certified bargaining agent (usually the SEBA) can be a party to collective bargaining.
- Statement B: False. Gynecological disorder leave benefits, if granted, typically do not equate to a *-month leave with pay and are subject to company policy or specific law.
Conclusion: Neither statement is true.
Is there anything else you need assistance with?
STATEMENT A: Only regular employees are entitled to SSS benefits. STATEMENT B: An employee can demand for SIL even if the company is already providing all its employees vacation leave and sick leave credits. Only “Statement “B” is true. Neither statement is true. Both statements are true. Only “Statement “A” is true.
Case Rating: *
- Statement A: False. All employees, including contractual and regular employees, are entitled to SSS benefits.
- Statement B: True. Employees are entitled to Service Incentive Leave (SIL) even if the company provides vacation and sick leave credits.
Is there another legal issue you need assistance with?
STATEMENT A: An employee who has been with the company for 10 months and has resigned in the middle of the calendar year is not entitled to 13th month pay. STATEMENT B: The grant of 15th month pay is an economic benefit in a CBA. Neither is false. Only “Statement “B” is false. Both statements are false. Only “Statement “A” is false.
Case Rating: *
- Statement A: False. An employee who has worked at least one month during the calendar year is entitled to a proportionate 13th month pay.
- Statement B: True. The grant of a 15th month pay can be an economic benefit negotiated in a Collective Bargaining Agreement (CBA).
Conclusion: Only “Statement A” is false.
Would you like assistance with another legal issue?