I have a gardener who comes to work twice a week. Is he entitled to 13th-month pay?

Last Updated on 04/27/2020 by FilipiKnow

Yes. Under the “Domestic Workers Act” or the “Batas Kasambahay”, a gardener is included under the definition of “kasambahay”. The said law provides that “kasambahays” are now entitled to receive a 13th-month pay.

According to Sec. 2, Rule I of the Implementing Rules and Regulations of the said Kasambahay Law, the following types of househelp, whether on a live-in or live-out arrangement, are entitled to receive a 13th-month pay:

  • general household;
  • yaya;
  • cook;
  • GARDENER;
  • laundry person;
  • any person who regularly performs domestic work in one house or on an occupational basis.

Even if your gardener reports to work only twice a week, it appears that he performs the work in your household regularly, thus, he comes within the definition of “kasambahay”.

Go back to the main article: How to Compute 13th Month Pay in the Philippines: An Ultimate Guide