If you went AWOL or are handling a situation where an employee has been absent without official leave, you are probably wondering whether that person can still receive 13th month pay in the Philippines. The answer is yes — but only the pro-rated portion corresponding to the actual basic salary earned during the calendar year. Philippine labor law treats 13th month pay as a statutory benefit that accrues based on work performed, not on how employment ends. Even when an employee is dismissed for just cause, including abandonment of work, the earned portion of this benefit must still be paid.

This article explains exactly what the law provides, how computation works in AWOL cases, what employers and employees should do, common pitfalls, and practical steps to protect your rights.

What Is 13th Month Pay?

13th month pay is a mandatory benefit under Presidential Decree No. 851 (December 16, 1975). It gives rank-and-file employees in the private sector an extra month’s worth of pay, usually received before Christmas. The law requires employers to pay it not later than December 24 of every year.

It equals one-twelfth (1/12) of the total basic salary actually earned by the employee within the calendar year. Basic salary includes regular wages for services rendered but generally excludes overtime, night differentials, holiday pay, premiums, and most allowances unless these have been integrated into basic pay through company policy, practice, or agreement.

All rank-and-file employees — regular, probationary, contractual, or project-based — qualify if they have worked at least one month during the calendar year. Managerial employees are exempt.

Legal Basis for Entitlement Even After AWOL

The key rule comes from the Revised Guidelines on the Implementation of the 13th Month Pay Law issued by the Department of Labor and Employment (DOLE). It states:

“An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service.”

This explicitly covers employees whose services are terminated for just causes under Article 297 of the Labor Code (serious misconduct, willful disobedience, gross and habitual neglect of duties, or abandonment of work). AWOL or abandonment is a recognized just cause when two elements are proven: (1) the employee failed to report for work without a valid or justifiable reason, and (2) there is a clear intention to sever the employment relationship.

However, the right to already-earned 13th month pay is not lost simply because the employee went AWOL. The benefit is based on actual service rendered and basic salary earned, not on perfect attendance or continued employment until year-end. Company policies that automatically forfeit the entire 13th month pay for AWOL are inconsistent with the law and will not hold up if challenged.

Labor Advisory No. 06, Series of 2020 further confirms that pro-rated 13th month pay forms part of an employee’s final pay and must be released within 30 days from separation (or earlier if company policy or a collective bargaining agreement provides a shorter period).

How Is Pro-Rated 13th Month Pay Computed for an AWOL Employee?

The formula remains simple:

13th Month Pay = Total basic salary earned during the calendar year ÷ 12

Only the period of actual work counts. Days or months of AWOL (where no work was performed and no pay was earned) are excluded from the total.

Example:
An employee with a ₱25,000 monthly basic salary worked fully from January to July 2026 (₱175,000 total basic salary earned). The employee went AWOL starting August 1 and was later terminated for abandonment.

Pro-rated 13th month pay = ₱175,000 ÷ 12 = ₱14,583.33

If the employee worked only until mid-July, the employer uses the exact basic salary paid up to the last compensable day.

The same rule applies whether the separation is through resignation, termination for just cause, or authorized cause. The employee does not receive 13th month pay for the unworked portion of the year.

Step-by-Step Process When an Employee Goes AWOL

For Employers

Document all absences thoroughly (attendance records, call logs, messages).
Issue a Notice to Explain (NTE) requiring the employee to explain the absences within a reasonable period (usually 5 days). Send it to the employee’s last known address if the employee cannot be reached.
If no satisfactory explanation is given or the employee does not respond, conduct an investigation or hearing (the employee may be notified but need not attend if they choose not to).
Issue a Notice of Decision stating the findings and penalty (usually termination for abandonment).
Compute final pay, which includes:
- Unpaid wages up to the last day worked
- Pro-rated 13th month pay
- Converted unused service incentive leave (if any)
- Lawful deductions only (with proper documentation)
Release final pay within 30 days from the effective date of separation.
Issue the Certificate of Employment within 3 days from request.

Skipping due process can turn a valid just-cause dismissal into a procedurally defective one, exposing the employer to claims for nominal damages or even illegal dismissal.

For Employees

Keep records of your last day worked and any communications with the company.
Send a written request (email or letter) for your final pay computation, specifically asking for the pro-rated 13th month pay.
If the employer delays or refuses, follow up in writing.
If still unresolved after 30 days, file a request for assistance under the Single Entry Approach (SEnA) at the nearest DOLE office. This is free, fast, and often leads to settlement.
If needed, escalate to the National Labor Relations Commission (NLRC) for a formal money claim. You generally have three years from the time the claim accrues.

Common Pitfalls and Real-Life Scenarios

Many employers mistakenly believe they can withhold the entire 13th month pay when an employee goes AWOL. This is one of the most frequent causes of labor complaints. Clear company policies that attempt to cancel earned 13th month pay for AWOL or just-cause termination are void.

Employees sometimes assume they lose everything the moment they stop reporting for work. In reality, the law protects what you have already earned through actual service.

Practical scenarios:

An employee works January to October, goes AWOL in November, and is terminated in December → entitled to 10/12 pro-rated 13th month pay.
An employee goes AWOL after only three weeks → generally not entitled (did not meet the one-month threshold).
Dispute arises over the exact last day worked → the employer’s attendance records usually prevail, but the employee can present contrary evidence.
Employer withholds final pay pending “clearance” (return of company property) → clearance is allowed for reconciliation but cannot indefinitely delay statutory benefits like pro-rated 13th month pay.

Foreign employees working legally in the Philippines enjoy the same entitlement. The rules are the same regardless of nationality, as long as the employment relationship falls under Philippine labor jurisdiction.

Documents Usually Needed to Claim Final Pay

Valid government-issued ID
Recent payslips or payroll records showing basic salary
Employment contract or appointment paper (if available)
Written request for final pay and Certificate of Employment
Bank account details for deposit (most companies now pay electronically)
Clearance form (if the company requires it before release)

Employers are expected to provide a clear computation breakdown.

Frequently Asked Questions

Is an AWOL employee still entitled to 13th month pay?
Yes. You are entitled to the pro-rated amount based on the basic salary you actually earned before going AWOL, as long as you worked at least one month in the calendar year.

Can my employer refuse to pay my 13th month pay because I went AWOL?
No. The employer cannot forfeit the portion you already earned. Refusal to pay the pro-rated amount can lead to a labor complaint.

How is 13th month pay calculated if I was AWOL for several months?
Only the months or days you actually worked and received basic salary are included. The formula is total basic salary earned ÷ 12.

Is AWOL the same as resignation for 13th month pay purposes?
For purposes of pro-rated 13th month pay, yes — both are treated as separation, and you receive pay proportionate to actual service. However, AWOL is not automatic resignation; the employer must still follow due process to terminate for abandonment.

What if my company policy says employees who go AWOL lose their 13th month pay?
Such policies are invalid to the extent they contradict the law. Statutory benefits already earned cannot be waived or forfeited by company rules.

How long should I wait for my final pay after going AWOL?
Employers must release final pay, including pro-rated 13th month pay, within 30 days from separation under DOLE Labor Advisory No. 06-20, unless a more favorable company policy or CBA applies.

Do I need to file a case to get my 13th month pay?
Not always. Many cases are settled quickly through DOLE’s SEnA. If the employer still refuses, you can file a money claim with the NLRC.

Are probationary or contractual employees entitled if they went AWOL?
Yes. The entitlement depends on rank-and-file status and at least one month of service, not on regular or probationary status.

What if the employer says I abandoned my job and therefore get nothing?
Abandonment must be proven with clear evidence of intent to sever the relationship. Even then, you are still entitled to pro-rated 13th month pay for work actually performed.

Can I claim 13th month pay years later?
Money claims prescribe after three years from the time they accrue. It is best to act promptly.

Key Takeaways

An AWOL employee remains entitled to pro-rated 13th month pay based on actual basic salary earned during the calendar year.
The legal basis is Presidential Decree No. 851 and the DOLE Revised Guidelines on 13th Month Pay, which expressly cover resigned and terminated employees (including those dismissed for just causes like abandonment).
Computation uses only the period of actual work: total basic salary earned ÷ 12.
Employers must observe due process before terminating for AWOL and must release final pay (including pro-rated 13th month) within 30 days.
Company policies cannot override the statutory right to already-earned 13th month pay.
If payment is delayed or refused, employees can seek assistance from DOLE through SEnA at no cost.
Both employers and employees benefit from clear documentation and prompt, good-faith handling of final pay.

Understanding these rules helps avoid unnecessary disputes and ensures that what you have rightfully earned through your work is protected under Philippine labor law.