Practice question
Which proposition correctly distinguishes a bonus from statutory thirteenth-month pay?
- Every bonus is always discretionary even if expressly promised in a CBA
- Thirteenth-month pay is mandatory for covered employees, while a bonus may become demandable under an enforceable agreement or established practice
- Every payment labeled bonus automatically replaces every statutory benefit
- Neither can ever be demandable
- A bonus is mandatory only if the employer calls it salary
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.