---
title: "Philippine Employers Have Until December 24 to Pay…"
canonical: "https://www.metaintro.com/blog/philippines-13th-month-pay-december-24-2026"
language: "en"
author: "drashtigarach"
published: "2026-11-10T13:41:59.000Z"
modified: "2026-11-10T13:41:59.000Z"
---

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# Philippine Employers Have Until December 24 to Pay 13th-Month Pay, How to Check What You Are Owed

Philippine employers must pay 13th-month pay by December 24. See who is covered, the 1/12 formula, DOLE examples and what to do if your employer does not pay.

[![Drashti Garach](https://cdn.metaintro.com/rs:fill:40:40/q:72/plain/images/5719d740-e510-42bc-8017-e040d145f35f_1766029465094.png)Drashti Garach @DrashtiGarach](/blog/author/drashtigarach)

[November 10, 2026](/blog/archive/2026/11)14 min read

![Stack of paper pay envelopes and peso banknotes beside a glowing parol star lantern](https://cdn.metaintro.com/rs:fill:1200:675/q:78/plain/images/10821.jpg)

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Private sector employers in the Philippines must release the [13th month pay of qualified workers on or before Dec. 24, 2026](https://www.manilatimes.net/2026/11/10/news/dole-to-employers-release-employees-13th-month-pay-before-christmas/2466214), under [Labor Advisory No. 21, Series of 2026](https://tribune.net.ph/2026/11/09/dole-reminds-employers-of-deadline-for-13th-month-pay) from the Department of Labor and Employment, according to [the GMA News report on the DOLE reminder](https://www.gmanetwork.com/news/topstories/nation/1008943/dole-to-employers-release-13th-month-pay-by-christmas-eve-2026/story/). The legal minimum is [one-twelfth (1/12) of an employee's total basic salary earned within the calendar year](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits), and it is owed to rank-and-file staff who have [worked for at least one month during the calendar year](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/). Employers cannot ask to skip it, because [no exemptions or deferments would be allowed](https://tribune.net.ph/2026/11/09/dole-reminds-employers-of-deadline-for-13th-month-pay). For [Metaintro](https://www.metaintro.com) readers working in the Philippines, this guide explains who is covered, what counts as basic salary, how to work out your own amount with the department's examples, and where to go if the money does not arrive.

## What Did DOLE Announce This Year?

The advisory was [signed Nov. 6](https://tribune.net.ph/2026/11/09/dole-reminds-employers-of-deadline-for-13th-month-pay) by Labor Secretary Francis Tolentino, and DOLE [reminded private employers of it on Tuesday](https://www.manilatimes.net/2026/11/10/news/dole-to-employers-release-employees-13th-month-pay-before-christmas/2466214). It sets out the payment guidelines [pursuant to Article 5 of the Labor Code of the Philippines and Presidential Decree No. 851](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits).

The deadline is not new, but it is firm. [Presidential Decree No. 851](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html) has required payment [not later than December 24 of every year](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html) since it was issued in December 1975. This year, the money [must be released on or before December 24, 2026](https://tnt.abante.com.ph/2026/11/10/dole-sa-mga-employer-ibigay-ang-13th-month-pay-bago-o-sa-disyembre-24/news/), a date that falls on a [Thursday, December 24, 2026](https://philnews.ph/2026/11/10/13th-month-pay-2026-dole-december-24-deadline-who-qualifies-how-to-compute), the day before Christmas.

Monitoring sits with DOLE's regional offices. Compliance will be [monitored by the appropriate DOLE Regional, Field, or Provincial Office having jurisdiction over the workplace](https://www.gmanetwork.com/news/topstories/nation/1008943/dole-to-employers-release-13th-month-pay-by-christmas-eve-2026/story/), in line with [Department Order No. 238, Series of 2023](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/).

The legal amount is also a floor, not a ceiling. DOLE said the mandatory benefit is [separate from additional benefits provided under company policies, employment contracts or collective bargaining agreements](https://tribune.net.ph/2026/11/09/dole-reminds-employers-of-deadline-for-13th-month-pay), so a company bonus promised in your contract is a separate question from what the law requires.

## Who Is Covered by 13th-Month Pay?

The rule covers [all rank-and-file employees in the private sector](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits), regardless of their employment status, position, or mode of wage payment, as long as they have rendered at least one month of service in the year. Employment status does not change the answer. Coverage holds [whether they are regular, probationary, casual, project, seasonal, or fixed-term](https://laborlaw.ph/13th-month-pay/), and the one-month test means [at least 30 calendar days](https://laborlaw.ph/13th-month-pay/), which may be continuous or broken.

The new advisory also names specific groups. Covered employees include [piece-rate workers, those receiving fixed or guaranteed wages plus commissions, employees with multiple employers, those who resigned or were terminated, and employees who availed of maternity leave and received salary differential](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits).

If you hold two jobs, both count. Under the [Revised Guidelines issued November 16, 1987](https://laborlaw.ph/13th-month-pay/), people [working in two or more private firms, whether on full or part time basis, are entitled to the required 13th month pay from all their private employers](https://chanrobles.com/revised13thmonthpayguidelines.htm) regardless of their total earnings from each. Private school teachers, including university faculty, qualify [regardless of the number of months they teach or are paid within a year](https://chanrobles.com/revised13thmonthpayguidelines.htm), if they have served at least one month.

## Who Is Not Covered?

Managers are left out, since the legal benefit [is only for rank-and-file employees](https://laborlaw.ph/13th-month-pay/). A managerial employee is one [vested with powers of prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall discharge, assign or discipline employees, or to effectively recommend such managerial actions](https://chanrobles.com/revised13thmonthpayguidelines.htm), and everyone else counts as rank-and-file. A job title alone does not decide it, because [it is not the designation or title given to the employees that matter](https://laborlaw.ph/13th-month-pay/), but whether the person actually performs managerial duties.

Some employers remain outside [P.D. No. 851](https://chanrobles.com/revised13thmonthpayguidelines.htm). These are the government and its political subdivisions, [persons in the personal service of another in relation to such workers](https://laborlaw.ph/13th-month-pay/), and employers of those [paid on purely commission, boundary or task basis, and those who are paid a fixed amount for performing specific work](https://laborlaw.ph/13th-month-pay/), with piece-rate workers carved back in.

Employers already paying an equivalent are also outside the decree, and that equivalent can be a [Christmas bonus, mid-year bonus, cash bonuses and other payments amounting to not less than 1/12 of the basic salary](https://chanrobles.com/revised13thmonthpayguidelines.htm). The key protection for workers is the top-up rule: [where an employer pays less than 1/12th of the employees basic salary, the employer shall pay the difference](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html).

## How Do You Compute Your 13th-Month Pay?

The formula DOLE gave is simple: [total basic salary earned during the year ÷ 12 = 13th-month pay](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/). For piece-rate workers, [the total earnings from their production or output shall serve as the basis for computation](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits).

DOLE [provided an illustration on how the 13th month pay will be computed](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits), and the dollar figures below use about 63.16 pesos to the US dollar from [the ExchangeRate-API rate table for Nov. 10](https://open.er-api.com/v6/latest/USD).

- An employee earning ₱228,010.04 (about $3,610) in annual basic salary [is entitled to P19,000.84](https://www.gmanetwork.com/news/topstories/nation/1008943/dole-to-employers-release-13th-month-pay-by-christmas-eve-2026/story/) (about $301) in 13th-month pay.
- A piece-rate worker with total earnings of ₱120,000 (about $1,900) [would receive Php 10,000](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/) (about $158) in 13th-month pay.
- An employee receiving ₱235,560.04 (about $3,729) in fixed wages and ₱30,000 (about $475) in commissions [is entitled to PHP19,630.00, based on basic salary alone](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits) (about $311).

To check your own figure, add up the basic pay on your payslips for the year, using the line items explained in [How to Read a Pay Stub, Line by Line](https://www.metaintro.com/blog/how-to-read-a-pay-stub), because the base is salary [earned within the calendar year](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits). Pay rates can change partway through the year. In Metro Manila, the non-agriculture minimum wage rose to [₱755.00 a day under Wage Order NCR-28, effective 26 September 2026, on the National Wages and Productivity Commission's current NCR rates page](https://nwpc.dole.gov.ph/regionandwages/ncr/) (about $12), so months worked before that date enter the yearly total at the lower rate that applied then.

## What Counts as Basic Salary, and What Does Not?

Basic salary means [all remunerations or earning paid by this employer for services rendered](https://chanrobles.com/revised13thmonthpayguidelines.htm), but the revised guidelines leave out [the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances](https://chanrobles.com/revised13thmonthpayguidelines.htm). The new advisory keeps the same line, listing [unused leave credits, night differentials, overtime, and more](https://www.gmanetwork.com/news/topstories/nation/1008943/dole-to-employers-release-13th-month-pay-by-christmas-eve-2026/story/) as outside the base.

There is one important exception. Those items can be counted [if there is an agreeable collective agreement, company practice or policy](https://www.gmanetwork.com/news/topstories/nation/1008943/dole-to-employers-release-13th-month-pay-by-christmas-eve-2026/story/) that treats them as basic salary. If an individual or collective agreement, company practice or policy treats overtime or allowances as basic salary, they [should be included part of the basic salary in the computation of the 13th month pay](https://chanrobles.com/revised13thmonthpayguidelines.htm).

Commissions need a closer look. [Commissions are excluded when they are not considered part of the employee's basic salary](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits), and the commission example above is computed on basic salary alone. Older DOLE guidelines set the base for fixed wage plus commission employees [on both their fixed or guaranteed wage and commission](https://chanrobles.com/revised13thmonthpayguidelines.htm). The Supreme Court later drew the line by the type of payment: [sales commissions which are effectively an integral portion of the basic salary structure of an employee, shall be included](https://laborlaw.ph/13th-month-pay/), while productivity bonuses that work like profit-sharing are left out.

Maternity leave does not shrink the base. For women who took it, [the salary differential shall be included as part of the basic salary](https://laborlaw.ph/13th-month-pay/) when the 13th-month pay is computed.

## What If You Resigned or Were Let Go Before December?

You are still owed a share. Workers who [resigned or were terminated before the end of the year are also entitled to a proportionate 13th month pay](https://www.manilatimes.net/2026/11/10/news/dole-to-employers-release-employees-13th-month-pay-before-christmas/2466214), [based on their total basic salary earned before separation](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/).

DOLE gave a September example. An employee who earned ₱177,236.28 (about $2,806) [before resigning in September would receive Php 14,769.69](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/) (about $234).

The prorated amount covers both people who quit and people who were let go. It applies to [resigned employees, terminated employees due to just causes, and separated employees due to authorized causes](https://laborlaw.ph/13th-month-pay/). That share is separate from the [Senate proposal on notice and separation pay before AI layoffs](https://www.metaintro.com/blog/philippines-senate-bill-2563-ai-layoffs-notice-separation-pay), because the revised guidelines already cover an [employee who has resigned or whose services were terminated at any time before the time for payment](https://chanrobles.com/revised13thmonthpayguidelines.htm).

You do not have to wait for Christmas Eve to ask for it. The payment [may be demanded by the employee upon the cessation of employer-employee relationship](https://chanrobles.com/revised13thmonthpayguidelines.htm), so you can ask for it as soon as the job ends.

> As the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship, according to [the Revised Guidelines on the Implementation of the 13th Month Pay Law](https://chanrobles.com/revised13thmonthpayguidelines.htm).

## Can Your Employer Split the Payment or Pay Late?

Splitting is allowed, paying late is not. An employer may give [one half (½) of the required 13th month pay before the opening the regular school year and the other half on before the 24th of December](https://chanrobles.com/revised13thmonthpayguidelines.htm). Where a union is the recognized bargaining agent, [the periodicity or frequency of payment of the 13th month pay may be the subject of agreement](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html).

Hardship is not an excuse. The original 1975 rules let distressed employers apply for exemption [upon prior authorization by the Secretary of Labor](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html), but now [no request or application for exemption from payment of 13th-month pay, or for deferment of the payment thereof shall be accepted and allowed](https://laborlaw.ph/13th-month-pay/), under the DOLE-BWC Handbook.

Employers also cannot cut other benefits to cover the cost. No employer may [eliminate, or diminish in any way, supplements, or other employee benefits or favorable practice](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html) already enjoyed by workers.

> The Christmas season is an opportune time for society to show its concern for the plight of the working masses so they may properly celebrate Christmas and New Year, according to [the text of Presidential Decree No. 851](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html).

## Is Your 13th-Month Pay Taxed?

Up to a cap, no. The tax code as amended by [Republic Act No. 10963, the TRAIN law](https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html), excludes 13th-month pay and other benefits from taxable income, but [the total exclusion under this subparagraph shall not exceed Ninety thousand pesos (₱90,000)](https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html) (about $1,425). That cap covers [benefits received by employees pursuant to Presidential Decree No. 851, as amended by Memorandum Order No. 28](https://lawphil.net/statutes/repacts/ra2017/ra_10963_2017.html), and it is shared with other bonuses [such as productivity incentives and Christmas bonus](https://laborlaw.ph/13th-month-pay/) under BIR rules, so only the combined amount above that line is taxed.

The benefit also stays outside your regular wage. It [need not be credited as part of regular wage of employees for purposes of determining overtime and premium pays](https://chanrobles.com/revised13thmonthpayguidelines.htm), fringe benefits, Social Security, Medicare and private retirement plans.

## Where Can You Complain If You Are Not Paid?

Start with the DOLE office that covers your workplace. Workers who believe their pay [was wrongly computed or withheld may seek help from the DOLE regional office that covers their workplace](https://philnews.ph/2026/11/10/13th-month-pay-2026-dole-december-24-deadline-who-qualifies-how-to-compute), the same offices assigned to [monitor compliance under Department Order No. 238](https://www.sunstar.com.ph/manila/dole-clarifies-13th-month-pay-rules-ensures-workers-receive-rightful-benefits).

Unpaid amounts count as a money claim. Under the implementing rules, [non-payment of the thirteenth-month pay provided by the Decree and these rules shall be treated as money claims cases](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html), handled under the Labor Code and the rules of the National Labor Relations Commission. There is a time limit, because money claims [shall be filed within three (3) years from the time the cause of action accrued](https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html), or they are barred.

The paperwork favors workers. In claims for 13th-month pay, [the burden rests on the employer to prove payment](https://laborlaw.ph/13th-month-pay/), since payrolls and records are in the employer's custody, not yours.

Employers also have to report. Employers must report [through the DOLE Online Compliance Portal at reports.dole.gov.ph not later than January 15, 2027](https://philnews.ph/2026/11/10/13th-month-pay-2026-dole-december-24-deadline-who-qualifies-how-to-compute). The 1975 implementing rules set out a compliance report form that lists the [total number of workers benefited](https://lawphil.net/statutes/presdecs/pd1975/pd_851_1975.html) and the amount granted per employee.

## What This Means for Filipino Workers, and What Should You Do Next?

This advisory hands workers a number they can check themselves. The advisory [reiterated the guidelines](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/) rather than changing the law, but DOLE's examples show exactly how a correct amount is built, down to the centavo. If your own figure falls short of the formula above, you have a specific, provable gap to raise, not a vague complaint.

Three groups should check most carefully. Commission earners have the most to work out, because the Supreme Court rule on integral commissions set out above decides whether those commissions enter the base. People who left a job this year should make sure the prorated share is in their final pay. People with two employers should expect a separate payment from each, under the two-employer rule above.

The deadline also matters for planning. With payment due by Christmas Eve, it helps to know that this benefit and other bonuses within the tax exclusion above are kept out of taxable income. If you are planning a job move in the new year, timing it after the payout keeps the full-year amount simple to track, though a move earlier still leaves you a prorated share.

Lacey Kaelani, [Metaintro](https://www.metaintro.com)'s CEO, puts it this way: Your 13th-month pay is a right with a formula, not a gift. Pull your payslips, do the division, and walk into any conversation with your employer knowing the exact number you are owed.

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## People Also Asked

### Q: When is the deadline for 13th-month pay in the Philippines this year?

A: Private employers must release it [on or before December 24, 2026](https://www.gmanetwork.com/news/topstories/nation/1008943/dole-to-employers-release-13th-month-pay-by-christmas-eve-2026/story/), and DOLE said [no exemptions or deferments would be allowed](https://tribune.net.ph/2026/11/09/dole-reminds-employers-of-deadline-for-13th-month-pay).

### Q: Do probationary and contractual workers get 13th-month pay?

A: Yes, if they are rank-and-file and [worked for at least one month during the calendar year](https://thechronicle.com.ph/dole-clarifies-13th-month-pay-guidelines-to-protect-workers-benefits/). Coverage applies [whether they are regular, probationary, casual, project, seasonal, or fixed-term](https://laborlaw.ph/13th-month-pay/).

### Q: Is overtime included in the 13th-month pay computation?

A: Not usually. Overtime, unused leave credits and night differential are left out unless a [collective agreement, company practice or policy](https://www.gmanetwork.com/news/topstories/nation/1008943/dole-to-employers-release-13th-month-pay-by-christmas-eve-2026/story/) treats them as basic salary.

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