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MANILA, Philippines – On Friday, Senator Aquilino “Koko” Pimentel III, who said employees are “more distressed” than their employers “contributing capital,” opposed the idea of postponing the thirteenth month pay this year because of to the pandemic.
“[The] The thirteenth month’s payment is really a “salary” under current law. It’s simply called the thirteenth month payment. Therefore, it must be paid. Employees are ‘more distressed’ compared to their employers ‘who contribute capital,’ “Pimentel said in a message to journalists when asked to comment on the pronouncements of the Secretary of Labor, Silvestre Bello III, that his agency is seeking to allow companies and businesses in difficulty. defer payment of your workers’ thirteenth month’s pay this year.
READ: DOLE Aims To Allow Delay In Payment Of Thirteenth Month Bonus By ‘Troubled’ Businesses
“Therefore, the interests and needs of employees should NOT be sacrificed at all or in any way. Ibang sector ang mag-slaughter (Another sector should be slaughtered) ”, he added.
Meanwhile, Senate Minority Leader Franklin Drilon – a former labor secretary – He said the enabling law for the release of the payment of the 13th month of the employees “does not allow any exemption”.
He was referring to Presidential Decree No. 851, which obliges companies to give workers a 13-month payment, which is basically one twelfth of a person’s annual income.
This bonus is awarded before the end of each year, separate from other year-end bonuses.
“It covers all employers, except those that already pay the equivalent. It is only in your IRR [implementing rules and regulations] where there are compliance exemptions for distressed employers, ”Drilon said in a separate statement.
“While it is true that the IRR establishes that employers in difficulty are exempt from paying the 13th month’s pay to their employees, this IRR is questionable for going beyond the law. And the exemption must be per company and not a general exemption ”, he added.
In addition, Drilon said that a proposal to defer the payment of the payment of the thirteenth month “by agreement of the parties is also invalid.”
He said compliance with the law “cannot be the subject of an agreement between the employee and the employer.”
For his part, Senator Joel Villanueva called on the Department of Labor and Employment (DOLE) to “immediately convene the tripartite council to discuss the proposal to defer the 13th month of pay for our workers.”
Villanueva, chairman of the Senate working committee, said the DOLE should begin consultations with interested parties to “arrive at a clear and reasonable solution.”
“This is a serious concern for both our workers and our employers, and there must be sufficient consultation to ensure that any policy that is adopted is acceptable to all parties,” he said.
“We understand the positions of our employers, especially [Micro, Small and Medium Enterprises], who are trying to keep their operations running, and from our workers who are in dire need of assistance, ”he added.
The DOLE, the senator said, should also develop a guide “that is based on the realities facing both employers and workers.”
“We want to reach a beneficial solution for workers and employers through consultation (we want to reach a beneficial solution for workers and employers through consultation),” he added.
The COVID-19 pandemic has forced many companies and businesses to cease, suspend or limit their operations, as the government has imposed restrictions such as closures to slow the spread of the virus.
Among the most affected industries are tourism, transportation, leisure activities and some food and beverage outlets.
To date, the Philippines has recorded 331,869 cases of COVID-19. Of that number, 274,318 have already recovered and 6,069 have died.
KGA
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