Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1 Regular Session

6198

House Bill No.

Introduced by Representative ERIC GO YAP

EXPLANATORY NOTE

The workforce fuels every aspect of the society - from the production to the
delivery of products and services. Truth be told, the government cannot function
without each and every one of the civil servants who render their time and skills for
public service. Likewise for the private companies, as their employees support the
operations of the company to generate its income.

Through the Presidential Decree No. 851, the 13% Month Pay was
institutionalized. It was enacted to further protect the level of real wages from the
strain of inflation and to show its concern for the worker so them may properly
celebrate Christmas and New Year.

With the constant rise in the cost of living in the country, the wage received by
Filipino workers seem to be not enough to cover additional expenses. It is the
responsibility of the State to address this difficulty experienced by its people.
According to Article II Section 18 of the 1987 Constitution, the State affirms labor as a
primary social economic force. It shall protect the rights of workers and promote their
welfare.

This bill seeks to recognize the contribution rendered by the Filipino workforce.
Itmandates all employers in the government and private sector to accord a 14'* Month
Pay to its employees, regardless of the employees’ status of employment. Moreover,
this bill sought to improve employee morale, motivation, and productivity. This
adjustment considers the need of the employees for extra earnings in the middle of
the year to help them cope in school and medical expenses of their family.

In view of the foregoing, approval of this bill is earnestly sought.

———— amc:

ERIC GO YAP


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1 Regular Session

House Bill No._ 5198
a
Introduced by Representative ERIC GO YAP

|
| AN ACT
MANDATING THE 14™ MONTH PAY FOR ALL EMPLOYEES IN THE
GOVERNMENT AND PRIVATE SECTOR REGARDLESS OF STATUS OF
| EMPLOYMENT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “14'k Month Pay
Law.” |
SEC. 2. Declaration of Policy. - The State affirms labor as a primary social
economic force. It shall protect the rights of workers and promote their welfare.

SEC. 3. 14% Month Pay. - All employees in the private sector entitled to 13
month pay shall also be entitled to 14" month pay, which shall be equivalent to one
month of the employees’ total basic monthly salary.

SEC. 4. Government Employees. - All government employees regardless of
their employment status shall also be entitled to both 13‘ month pay and 14'* month
pay.

SEC. 5, Exempted Employers. - The rules governing the exemption of
employers in the private sector from paying 13 month pay shall also apply to 14
month pay.

SEC. 6. Schedule of Release of 13 and 14 Month Pay. - The existing 13"
month pay shall be released by the employer on or before May 31 and the 14" month
pay shall be released on or before November 30 of each calendar year.

SEC. 7. Prorated 14 Month Pay. - For employees employed for less than one
(1) year, their 14 month pay shall be prorated according to the number of months
served. In no case shall the 14" month pay be less than 1/12 of the employees’ total
basic salary.

SEC. 8. Tax Implications. - The 14'* month pay shall be excluded from the
computation of the employee's gross income. Provided, however, that the total 14”
month pay shall not exceed ninety thousand pesos (P 90,000.00) as mandated by law.


SEC. 9. Implementing Rules and Regulations. - The necessary rules and
regulations to carry out the provisions of this Act shall be issued within thirty (30)
days from the approval of this Act by the: (a) Department of Labor for the private
sector; (b) Department of Finance (DOF) and Department of Budget and Management
(DBM), in consultation and Civil Service Commission (CSC), for the government
sector; (c) SSS for its members; and (d) GSIS for its members.

SEC. 10. Separability Clause. - If any provision or part hereof is held
unconstitutional, the other provisions not otherwise affected shall remain valid and
subsisting.

SEC. 11. Repealing Clause. - All laws, decrees, issuances, executive orders,
letters of instruction, administrative orders, rules and regulations, or parts thereof,
contrary to or inconsistent with the provisions of this Act are hereby repealed,
amended, or modified accordingly.

SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,