What is a bonus? Is it demandable?
Bonus is an amount granted and paid ex gratia to the employee for his industry or loyalty, hence, generally not demandable or enforceable. If there is no profi,t there should be no added bonus. If profit is reduced, bonus should likewise be reduced, absent any agreement making such bonus part of the compensation of the employee.
When is bonus demandable and enforceable?
On the basis of equitable considerations, long practice, agreement (e.g. CBA) and other peculiar circumstances, bonus may become demandable and enforceable. Consequently, if bonus is given as an additional compensation, which the employer agreed to give without any condition such as success of business or more efficient or more productive operation, it is deemed part of wage or salary, hence, demandable.
Who are entitled to 13th month pay?
All employers are required to pay their rank and file employees regardless of the nature of their employment and irrespective of the method by which their wages are paid provided they worked for at least one (1) month during the calendar year. (P.D. No. 851)
Is 13th month pay tax-exempt?
It depends. If the amount of 13th month pay is equivalent to Php30,000 and below, it is not subject to tax.
Are maternity leave benefits included in the computation of 13th month pay?
Maternity benefits, like other benefits granted by the SSS, are granted to employees in lieu of wages and, therefore, may not be included in computing the employee's 13th month pay for the calendar year.
[Source: www.dole.gov.ph] |
