13th month

I would like to seek for your advice. We have an employee who separated from our company due to his violation actually we did not terminate him but he gave a resignation an automatic resignation the day after the crime committed . Now he is asking for his 13th month pay and last pay, my payroll master won't release his 13 month without the signature on the clearance our manager wont sign it because he did not render the 30 days turn over and there are no attachments of turn over paper and other accountabilities. Now I am asking if, is it right to hold the 13th month because of this reason? Resigning without proper turn over?

Unless you can prove the damages done by the employee by leaving immediately is worth that amount, then yes. Or just simply tell the employee that his 13th month pay can be released after the proper turn over (items need to be stated on his clearance form).

if he files a money claim at nlrc, the employer has to prove the basis why it withheld the salary.