Philippine Bar review · Question

Practice question: Bonus, 13th Month Pay

Multiple Choice Hard

Practice question

A company’s CBA expressly grants a year-end bonus in addition to statutory thirteenth-month pay. Separately, an allowance has been expressly integrated into basic salary by that agreement. Management argues that every bonus is revocable and every allowance must always be excluded from the thirteenth-month base. Which assessment is correct?
  1. Both categorical arguments are correct
  2. The CBA bonus may be demandable, and the expressly integrated allowance must be considered as part of the basic-salary base
  3. Only the bonus argument is correct
  4. Only the allowance-exclusion argument is correct
  5. The CBA has no legal significance for either issue

Legal references

  • https://nwpc.dole.gov.ph/wp-content/uploads/2024/11/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf — DOLE-BWC 2024 Handbook, printed pages 40–43, thirteenth-month coverage, basic salary, integration, and proportionate entitlement.
  • https://lawphil.net/executive/mo/mo1986/mo_28_1986.html — MO 28, s. 1986, modifying PD 851 coverage and deadline.
  • https://www.lawphil.net/judjuris/juri1995/sep1995/gr_111744_1995.html — Marcos v. NLRC, GR 111744, September 8, 1995, main decision; demandable bonuses under agreement and established practice.

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