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13th month pay · not paid · resigned or still working

13th month pay not paid — how much you are owed, the due date and your demand letter

Short answer. Still working or already left, you are owed 13th month pay for the months you worked this year. Who gets it: Rank-and-file employees who worked at least one month in the year, whatever the type of employment or the way they are paid (DOLE Handbook (2023), ch. 13 B).

  • Final pay, including the pro-rated 13th month, is due (30 days): type the date

Check your own case.

Still working: the deadline is 24 December 2026. Left the company: the pro-rated 13th month is part of your final pay, released within 30 days of your last day (DOLE Labor Advisory No. 06-20).

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13th month pay · still working or already left

How much 13th month pay you are owed — and by when

Your monthly basic salary, when you started this year and, if you left, your last day. You get the amount owed, the date it is due, and the demand letter with your numbers.

Download the computation (Excel) Download the demand letter (Word) Save + reminder

  1. Ask HR or payroll first — in writing. The demand letter below has your numbers.
  2. Not paid by the due date: send the letter and keep proof that it was received.
  3. Still not paid: file a Request for Assistance (SEnA) — 30 days of free conciliation-mediation before any case.

Rules: DOLE Handbook on Workers’ Statutory Monetary Benefits (2023 edition), chapter 13 (P.D. 851 and its Revised Guidelines): 13th month pay = 1/12 of the total basic salary earned in the calendar year, for rank-and-file employees who worked at least one month; overtime, holiday pay, night differential, COLA and allowances not integrated into basic are excluded; commissions are not basic salary (Boie-Takeda v. De la Serna); a resigned or separated employee gets it in proportion to the time worked; pay not later than 24 December. Separated: final pay, including the pro-rated 13th month, within 30 days of separation (DOLE Labor Advisory No. 06-20). A partial month is counted by calendar days.

Atty. Liza, Layers template assistant

Atty. Liza, Layers template assistant

Give me your basic salary and your dates, and I will count your 13th month pay month by month.

If it is late, the letter below already has your numbers — just sign it.

An illustrated character, not a lawyer.

Deadlines

The rules, with the source

WhatDeadlineSource
Who gets itRank-and-file employees who worked at least one month in the year, whatever the type of employment or the way they are paidDOLE Handbook (2023), ch. 13 B
How muchAt least 1/12 of the total basic salary earned in the calendar yearDOLE Handbook (2023), ch. 13 C–D
What is not basic salaryOvertime, holiday pay, night differential, COLA, unused leave converted to cash, allowances not integrated into basic; commissions are not basic salaryDOLE Handbook (2023), ch. 13 C and F
WhenNot later than 24 December; half may be paid before the school year opensDOLE Handbook (2023), ch. 13 E
If you resigned or were separatedIn proportion to the time worked from the start of the year to your last dayDOLE Handbook (2023), ch. 13 G
With your final payThe pro-rated 13th month is part of final pay, released within 30 days from separationDOLE Labor Advisory No. 06-20
No exemptionNo application for exemption from paying 13th month pay, or for deferring it, is acceptedDOLE Handbook (2023), ch. 13 K
If it is not paidRequest for Assistance under SEnA: 30 days of mandatory conciliation-mediationNCMB — SEnA (R.A. 10396)

The rules are quoted from the DOLE Handbook on Workers’ Statutory Monetary Benefits (2023 edition). Example: ₱20,000 basic from January to 15 September = ₱170,000 earned → ₱14,166.67 13th month pay.

Step by step

What to do, in order

  1. 1

    Count it

    Basic salary earned this year ÷ 12 — the calculator does it month by month.

  2. 2

    Ask HR in writing

    Short and polite: the amount, the period and the date.

  3. 3

    Wait for the due date

    24 December, or 30 days after your last day if you left.

  4. 4

    Send the demand letter

    Not paid by then: send the letter below and keep proof it was received.

  5. 5

    File a Request for Assistance

    Still nothing: a Request for Assistance (SEnA) at the DOLE or NCMB office — 30 days of conciliation-mediation.

  6. 6

    Keep your papers

    Payslips, contract, resignation or termination letter, messages with HR.

Questions

Do I get 13th month pay if I resigned?

Yes. A resigned or separated employee gets it in proportion to the time worked during the year — 1/12 of the basic salary earned up to the last day (DOLE Handbook, ch. 13 G).

Is a Christmas bonus the same as 13th month pay?

Not always. A bonus counts only if it is at least 1/12 of the basic salary — ask HR which one you received and check the amount.

What if my employer says the company is losing money?

DOLE does not accept applications for exemption from paying 13th month pay or for deferring it (DOLE Handbook, ch. 13 K).

Official sources

Step 2 of 2

Your 13th month pay

  1. 1 13th month pay computation
  2. 2 Not paid: amount and demand letter
See also: Final pay demand letter

Other documents

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Letters, receipts and notices in one folder you can share with family or a lawyer. The templates and the editor are free; Layers is free for up to 20 people.

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This is a ready letter and a computation, not legal advice.