Immediate resignation and 13th month pay

aljisidro · 1 Immediate resignation and 13th month pay Wed Sep 23, 2015 2:38 pm

aljisidro

Arresto Menor

Posts : 40
Join date : 12/09/2012

my colleagues who are filing for immediate resignation were told that they could not get their 13th month pay. They were told about this 'rule' before the company released a memo about it. The memo does not ask us to sign any agreement. In our contract, I don't remember reading something like this though I know we have to render 30 days before effectivity date. I want to know if this action by the company is accepted. Thank you.

council · 2 Re: Immediate resignation and 13th month pay Thu Sep 24, 2015 4:04 am

council

Reclusion Perpetua

Posts : 2923
Join date : 04/09/2008
Location : http://www.councilviews.com

aljisidro wrote:my colleagues who are filing for immediate resignation were told that they could not get their 13th month pay. They were told about this 'rule' before the company released a memo about it. The memo does not ask us to sign any agreement. In our contract, I don't remember reading something like this though I know we have to render 30 days before effectivity date. I want to know if this action by the company is accepted. Thank you.

It can be.

Because while there is no agreement or memo about it, the labor code says that failure to comply with the 30-day notice may entitle the employer to claim for damages against the employee.

In this case, the 13th month pay may be considered as payment (or liquidated damages).

Immediate resignation and 13th month pay

1 Immediate resignation and 13th month pay Wed Sep 23, 2015 2:38 pm

aljisidro

2 Re: Immediate resignation and 13th month pay Thu Sep 24, 2015 4:04 am

council