Practice question
An admitted covered rank-and-file employee earns PHP 50,000 monthly basic salary. Employer denies all thirteenth-month pay solely because the salary exceeds PHP 1,000. Which is correct?
- Every worker above PHP 1,000 is excluded.
- Only minimum-wage earners can qualify.
- A large salary makes the worker managerial automatically.
- The obsolete ceiling does not defeat the current covered claim.
- The employee must waive the amount above PHP 1,000.
Legal references
- Memorandum Order 28 s.1986 modifying PD 851 coverage: https://lawphil.net/executive/mo/mo1986/mo_28_1986.html
- DOLE-BWC 2024 Handbook on Workers’ Statutory Monetary Benefits, relevant service charge, holiday pay and thirteenth-month sections: https://nwpc.dole.gov.ph/wp-content/uploads/2024/11/Workers-Statutory-Monetary-Benefits-Handbook-2024-Edition.pdf
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