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I will take a break and resume blogging on the week of 8 January 2018.In the meantime, if you want to keep up with recent cases, you may want to note that there are two GC cases decided on 14 December 2017 (T-136/15 and T-164/15) and two forthcoming ECJ cases to be decided on 20 December 2017 (C-677/15 P and C-178/16) to keep in your procurement radar.All employees not falling within this definition are considered rank-and-file employees.The 13th month pay shall be in the amount not less than 1/12 of the total earned by the employee within the calendar year.However, these salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees.The required 13th month pay shall be paid not later than December 24 of each year.Employees paid on a purely commission basis are not entitled to 13th month pay.
Commission that take the form of an incentives or encouragement to ensure productivity, e.g., productivity bonus, does not form part of the basic salary.
Looking back over the 90 posts published in the last 12 months, I realise that this has been a period of intense development in EU procurement law and my impression is that 2018 will not be less fruitful.
I have good memories of many a discussion through the blog, and I hope we will continue exchanging ideas in the new year.
Only basic salary is included in the computation of 13th month pay.
Allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances, shall be excluded from the computation.