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Withhold 13th month pay dahil hindi umatend ng Xmas Party

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Employee


Arresto Menor
Tama po ba na, i-delay yung pagbibigay ng 13th month pay sa mga empleyado na hindi umatend ng Xmas Party...

- its agaisnt my religion to attend such activities, may karapatan po ba ako magreklamo, laht po ng empleyado makukuha yung 13th month pay sa 17th of December, since I told them na hindi ako makaka-attend sabi nila sa 24th ko na lang daw makukuha...LEGAL po ba ito?

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shad_marasigan


Reclusion Perpetua
Here is the law

PRESIDENTIAL DECREE NO. 851

REQUIRING ALL EMPLOYERS TO PAY THEIR EMPLOYEES A 13TH-MONTH PAY

WHEREAS, it is necessary to further protect the level of real wages from the ravage of worldwide inflation;

WHEREAS, there has been no increase in the legal minimum wage rates since 1970;

WHEREAS, the Christmas season is an opportune time for society to show its concern for the plight of the working masses so they may properly celebrate Christmas and New Year.

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the Constitution, do hereby decree as follows:

Section 1. All employers are hereby required to pay all their employees receiving a basic salary of not more than P1,000 a month, regardless of the nature of their employment, a 13th-month pay not later than December 24 of every year.

Section 2. Employers already paying their employees a 13th-month pay or its equivalent are not covered by this Decree.

Section 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of December 1975.


Nowhere in the law that your 13th month pay should be withheld for any cause, otherwise it shall have been stated in the law.

Withholding of your 13th month pay is therefore illegal because it is contrary to law. Please report this to your HR. Supply her a copy of the 13th month law.

Hope this helps!

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Employee


Arresto Menor
Actually the law allows employer to give 13th month up to the 24th, my problem is, all employees will received their 13th month pay on the 17th except me,because I told them that I wont be able to attend the XMAS PARTY because it is against my religion's belief.

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Pedro Parkero


Reclusion Perpetua
Employee wrote:Actually the law allows employer to give 13th month up to the 24th, my problem is, all employees will received their 13th month pay on the 17th except me,because I told them that I wont be able to attend the XMAS PARTY because it is against my religion's belief.

wee di nga? biro lang yon.. seneryoso mo naman.

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attyLLL


moderator
i would say it's an abusive use of right by the employer if there are other ways to give the pay to the employee.


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Employee


Arresto Menor
thanks a lot po...this will help!

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Patok


Reclusion Perpetua
kung makukuha mo pa din naman sa 24.. eh di ok lang yun.. wala naman silang nilabag na batas..

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Employee


Arresto Menor
@Patok, hindi po ba abusive on the part of employer kapag ginamit niya ang 13th month pay to lure employees to attend activities even if its agaisnt their religious belief.

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Pedro Parkero


Reclusion Perpetua
Employee wrote:@Patok, hindi po ba abusive on the part of employer kapag ginamit niya ang 13th month pay to lure employees to attend activities even if its agaisnt their religious belief.

kung ako si employer, masakit naman yan on may part na sasabihing: kinakailangan ko i-"LURE" ang mga empleyado ko na mag-attend. napaka naman nyang employee na yan kung i lu-lure mo pa para lang mag-attend sa party.

think of the words: christmas & party.

kung ayaw mo, sabihin mo ke employer mo, im sure maiintidihan ka niya. think of the words again then understand its spirit: christmas & party. santa

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Patok


Reclusion Perpetua
as i said, wala namang nilabag sa 13th month pay..

you may however sight discrimination on religious belief..

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Employee


Arresto Menor
Thanks a lot po for the advise...

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fcruz


Arresto Menor
I dont think pag umattend kng party e malalabag mo utos ng inyong religion , as long as you attend there for the purpose of attendance alone. I have so many office mate from INC, Jehova, etc, n wala sa kanilang xmas pero they attend at wala sila nilalabag n alintuntunin ng kanilang samahan kase they attend for the purpose of attendance and not celebrating or practicing catholic beliefs.

Kung ibibigay naman sa iyo ang13th month sa aking palagay ay walang problem. I think its not abusive on the part of the employer but its their way of enouraging their employees to participate and developed team work.

I suggest dont make an issue out of it , take note you are just an employee if you make an issue out of it , ikaw rin mahihirapan.



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