Question Cases and Concern regarding the 13th Month pay of newly hired employee

With regards to the 13th month pay of the newly hired employee, assumed last August 2017, do they have the right to receive the annual allowance from the government? Because in the COMELEC, they have the ruling of at least 4 months as a permanent employee for you to receive the allowance. Does it depend on the resolution created by the office or a global rules from your office? Thank you!

December 7, 2017

Sir/Madam:

Thank you for using the legal forum.

This refers to your query dated December 6, 2017 which reads, as follows:

“With regards to the 13th month pay of the newly hired employee, assumed last August 2017, do they have the right to receive the annual allowance from the government? Because in the COMELEC, they have the ruling of at least 4 months as a permanent employee for you to receive the allowance. Does it depend on the resolution created by the office or a global rules from your office? Thank you!.”

As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later on be the subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Nevertheless, may we invite your attention to Department of Budget and Management (DBM), Budget Circular No. 2010-01, Rules and Regulations on the Grant of the Year-End Bonus and Cash Gift and Years Thereafter, which provide that:

“6.0 Grant of Year-End Bonus (Based on Basic Pay) and Cash Gift

“6.1 The Year-End Bonus equivalent to one (1) month basic pay as of October 31 of the year and the Cash Gift at P5,000 shall be granted to each personnel who has rendered at least a total or an aggregate of four (4) months of service from January 1 to October 31 of the year, including leaves of absence with pay, and who is still in the service as of October 31 of the same year.


“Personnel who rendered a total or an aggregate of less than four (4) months of service as of October 31 of the year shall be entitled solely to cash gift, pro-rated as follows, pursuant to Section 2 of R.A. No. 8841; xxx (Underscoring supplied)

Length of Service - Percentage of 5,000- Corresponding Amount
3 months but less than 4 months- 40% - P2,000
2 months but less than 3 months - 30%- P1,500
1 month but less than 2 months- 20% - P1,000
Less than 1 month 10% - P500
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Should you have other concerns pertaining to Year-End Bonuses and Cash Gifts Policies, please refer your concern/s with the DBM in cases pertaining their issuances or Human Resource Policies and Standards Office (HRPSO), the CSC Office who has the expertise in CSC Policies in cases concerning CSC Policies. Said Office is headed by Director IV Azcena P. Esleta with the following contacts: 1) Telephone No. - 02-951-4629; 2) Email Address - This email address is being protected from spambots. You need JavaScript enabled to view it.; and 3) Mailing Address: Human Resource Policies and Standards Office, Civil Service Commission, Batasan Hills, Diliman, Quezon City.

Please be guided accordingly.