13th Month Pay

Good Day!

I have 2 questions I would like to clarify about my work
1. Am entitled to get a separation pay from my employer?
2. Can I still get my 13th month pay?

Here is the situation:
I’ve been working at the same company from October 2001 to August 2008.
No contract was signed when I got accepted and started working as a secretary.My starting salary is Php 5,000 per month. I was a working student (I’m not enrolled in full load, I only enrolled 12 units ata or 15 I can’t remember exactly, No PE and Labs ‘coz they consume more time) then I come to the office at 10 or 11 am Mondays thru Saturdays and come home at 7 or 8 depending on the jobs( lagi overtimepero without pay) I lived at their house at that time.

After 5 months their househelp resigned and because I live at their house I usually do the household chores before I go to school. They increased my salary to 7,500 per month ocassionaly they would give me extra allowances for the extra effort.

On the next School year June 2002 half of my morning classes got dissolved and I was forced to take the evening ones. But my employers does’nt like this arrangement so they reduced my salary to 6,000. There’s nothing I could do ‘coz I was already enrolled and cannot get my money back if I decided not to take the evening classes.

November 2002 comes 2nd semester. Again, morning classes are dissolved and my only choice are the evening ones. They talked to me and made me choose between pursuing my college degree or work full time for them. Their main reason for making me choose is that I won’t be able to do my overtime jobs (di na daw ako makakapag overtime kung papasok ako ng gabi). So i decided to stop I was in my 2nd year 2nd sem ‘coz without work I can’t pay for the tuition and I need to support my family. I also moved back home with my parents.

My salary increased when June 2003 came they raised it to 9,500 simply because a colleague of mine is resigning and they are bribing her with a 9,000 salary(from 7,500) which she refused (pinapasakit ang loob nya kumbaga kaya mas mataas binigay sa kin). From December 2003 to March 2006 My salary was 10,000 per month. On April 2006 up to July 2008 my salary was increased to 11,000.

From October 2001 to August 2008 Food Allowance 40.00/day

CHRISTMAS BONUS

Oct 2001-Dec 2001 500
2002 2,500
2003 5,000
2004 5,000
2005 5,000
2006 5,000
2007 5,000

No 13th month pay was given ( sabi kasi yung kalahati ng sweldo bigay nila as bonus tapos wala daw 13th month kasi daw konti lang kaming trabahador maliit lang daw ang company

BENEFITS: SSS and Philhealth Contribution filed on October 2002

REASON FOR RESIGNATION
No formal resignation letter was filed. The main reason that I resigned is I got fed up with my employers. They are very suspicious lately and there is no harmony in the workplace anymore. Palagi silang nagsusungit dahil kagagaling nila ng US and Canada parang binubunton nila sa min yung galit nila dahil madami silang nagastos. I talked to them last June, after their trip that I’ll be going back to school and gave them my schedule. They, again, made me choose between keeping my regular job or do a part-time/per project arrangement. I chose the latter one simply because I won’t be seeing them daily (“,). But after 2 projects (Approx. 2 weeks) I really got pissed off with all the blah blah blah that they are saying everytime I get my payment.
I’m not an angel, really, I also had my shares of faults but that does’nt matter right? I am only after the separation pay and/or the 13th month pays.
I am asking for the advice so I could still get what is rightfully mine. I don’t care anymore on how they treated me before I just need to know if I can talk to them about this 13th month pay and separation pay please email me or if there’s more that you need to know about the situation.

Hope to hear from you soon...
Fe M

hi Fe, i will try to answer your questions based on the facts you stated

I. Whether or not you are entitled to a separation pay

Does your employer usually give separation pay to resigning employees? When your colleague resigned, was she given separation pay?

The Supreme Court in its decisions held that generally, separation pay need not be paid to an employee who voluntarily resigns. However, an employer who agrees to expend such benefit as an incident of the resignation should not be allowed to renege in the performance of such commitment.

If it is the practice of your employer to pay separation pay to resigning employees then you are also entitled to such benefit.

II. whether or not you are entitled to your 13th month pay.

Yes you are entitled to your 13th month pay.

Under the law, All employers are required to pay all their rank and file employees a 13th month pay not later than December 24 of every year. Such
employees are entitled to the benefit regardless of their designation or employment status and irrespective of the method by which their wages
are paid, provided that they have worked for at least 1 mo. during a calendar year. 13th Month Pay is computed to be 1/12th of the basic salary of an employee within a calendar year.

The Christmas bonus your employer is giving you can be a substitute for 13th month pay but the way I see it, it is insufficient.

If your salary per month in the year 2003 to 2006 is 10,000 a month, then your 13th month pay should also be 10,000 per year. However, you were only given 5,000.

For the year 2008, since you worked half of the year, you are entitled to 13th month pay of 5,500 which is 6/12 of your salary of 11,000

my employer doesn't give separation pay ...their excuse is that we are just a small company blah blah...

so I guess I am not entitled to my separation pay...

how about the SSS contributions? they filed mine on October 2002 while I was employed October 2001

Your employer shall be liable for the unpaid contributions from October 2001 to October 2002. All other contributions shall be credited on your behalf and
you will still be entitled to the benefits according to the law. (eg. Death, permanent Disability, Funeral, Sickness, Maternity)