Urgent! Please help. Yes or No Answer only.

Good day po!

I would like to ask po. I was terminated due to just cause. AWOL kasi po ako for 2 weeks, they served NTE but I was not able to comply with it. I don't want to dig deeper for now with the reasons. I would like to know lang muna if am I still entitled for a prorated 13th month? Since from January to April 18 2014 ang work ko. But I was finally terminated May 5, 2014. But I was employed since August 8, 2013.

I'm on a hearing with DOLE right now for money claims regarding Night Differential, Legal Holiday pay, etc.. But DOLE mentioned that I won't be getting a separation pay which I understand since termination was for just cause. And DOLE mentioned also that there will be no prorated 13th month even for some of my colleagues who resigned immediately without notice.

Please advise if we are still entitled for 13th month and if we can demand that on our next hearing at DOLE with the employer.\

Our last hearing and quit claim will be on the 14th. I want to know if we're entitled so we can add that to our claims. Please help.

Thanks. More power!

ddzi00 wrote:Good day po!

I would like to ask po. I was terminated due to just cause. AWOL kasi po ako for 2 weeks, they served NTE but I was not able to comply with it. I don't want to dig deeper for now with the reasons. I would like to know lang muna if am I still entitled for a prorated 13th month? Since from January to April 18 2014 ang work ko. But I was finally terminated May 5, 2014. But I was employed since August 8, 2013.

I'm on a hearing with DOLE right now for money claims regarding Night Differential, Legal Holiday pay, etc.. But DOLE mentioned that I won't be getting a separation pay which I understand since termination was for just cause. And DOLE mentioned also that there will be no prorated 13th month even for some of my colleagues who resigned immediately without notice.

Please advise if we are still entitled for 13th month and if we can demand that on our next hearing at DOLE with the employer.\

Our last hearing and quit claim will be on the 14th. I want to know if we're entitled so we can add that to our claims. Please help.

Thanks. More power!

Yes you are entitled to the prorated 13th month pay.

I appreciate your response. Im not sure as to why DOLE said we are not. But I somehow is confident to fight for this now. Thanks!

Even for my collegues na immediate resignation po d ba? Their resignation was received and approved by the management.

ddzi00 wrote:Even for my collegues na immediate resignation po d ba? Their resignation was received and approved by the management.

As long as you were employed for at least 1 month in the year, you should receive it.

Thank you so much po. Last question po, our company offers vacation for 2 weeks nung december. Started 20th of dec 2013 then balik kmi january 6 2014.La po kming claim for the legal holidays since vacation po? Tama po ba o meron kmi dapat claim dun?

ddzi00 wrote:Thank you so much po. Last question po, our company offers vacation for 2 weeks nung december. Started 20th of dec 2013 then balik kmi january 6 2014.La po kming claim for the legal holidays since vacation po? Tama po ba o meron kmi dapat claim dun?

Paid vacation leaves? Yes - no additional payment since you did not work on those holidays.

You only get paid additional for legal holidays if you work on those days.

I mean we werent paid at all during the legal holidays. I know it would be double pay pag may work ka mismo sa holiday pero kng wala since vacation office namin. La talaga work sa office during the said dates above. So wala talaga kming claim for the holidays. Tama ba?

Wala kmi vacation leaves sa office. No leave or whatsoever. Katwiran nila ksi may vacation ang office during christmas parang break talaga pero no work no pay naman syempre. Kaya tanong ko since during vacation period my holidays d kmi dapat bayaran sa holidays?

ddzi00 wrote:Wala kmi vacation leaves sa office. No leave or whatsoever. Katwiran nila ksi may vacation ang office during christmas parang break talaga pero no work no pay naman syempre. Kaya tanong ko since during vacation period my holidays d kmi dapat bayaran sa holidays?

There's your answer - no work no pay.