Practice question
A covered rank-and-file employee resigns after earning PHP 180,000 in qualifying basic salary during the year. The employer says resignation before December forfeits the entire thirteenth-month benefit. Which is correct?
- The employee forfeits everything by resigning
- The employee is entitled to proportionate thirteenth-month pay of PHP 15,000, absent a more favorable benefit
- The employee must receive a full additional year of salary
- The employee receives only PHP 1,000 regardless of earnings
- The employer may pay only if it declares a dividend
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.
Answer this question in flashcards to review your response and continue practicing.