Cases: 13th month pay

1. Kinds of employees

a. Rank-and-file employees

Ramil v. Stoneleaf, Inc.

G.R. No. 222416, 17 June 2020

[BACKGROUND]

[The employee was hired as a Spa Supervisor and Massage Therapist by the employer, a Spa and Wellness Center. She received a monthly salary of P10,000.00 and P100.00 per massage service rendered. She was also an incorporator/director in the Company’s Articles of Incorporation. Sometime later, she was terminated from his employment. When he filed for illegal dismissal with monetary claims, one of the issues pertained to her claim for 13th month pay. To which the employer argued against alleging that she was a managerial employee.]

[RESOLUTION]

The Court concurs with the NLRC’s conclusion that [the employee] is not a managerial employee, but a rank-and-file employee. Specifically, she is a fiduciary rank-and-file employee. Wesleyan University Phils. v. Reyes defines a fiduciary rank-and-file employee as one who in the normal and routine exercise of his/her functions regularly handle significant amounts of money or property. Cashiers, auditors, and property custodians are some of the employees in the second class.

Here, [the employee] regularly ...