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13 month pay and breach of contract

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1 13 month pay and breach of contract on Tue Oct 01, 2013 6:35 am

noda


Arresto Menor
Hi,
I got legal question about 13th month pay and if its a breach of contract?

on my copy contract my 13th month pay clearly states thats 20k however and my basic salary is 10k, when i got my 1st 13th pay they gave me 10k and they reason they computed my 13th month is equal to my basic salary and i disputed that since on my copy it shows 20k however they told me its only typographical error on my copy and they showed their copy of my contract that they have where it shows 10k. I keep disputing this until as of now and ask them to put it on writing that on my contract that i have its only typographical error however until now they are not even responding on my emails and when even visited the hr department are making excuses about my dispute.

is this breach of contract? how long should it take for a company to resolve a dispute and what are bounds if i wish to settle this in DOLE?

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2 Re: 13 month pay and breach of contract on Tue Oct 01, 2013 9:25 am

attyLLL


moderator
13th month is computed as 1/12 of the annual income. therefore, it seems that this is really just a typo.


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3 Re: 13 month pay and breach of contract on Tue Oct 01, 2013 10:29 am

Patok


Reclusion Perpetua
i agree, it's always almost equal to 1 month's salary, unless you have absences and lates which will be deducted on that so you will receive less. The 20K is only a typo.

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4 Re: 13 month pay and breach of contract on Sat Nov 30, 2013 5:09 am

noda


Arresto Menor
however wala naman po typo sa isang contract since its an agreement between two entities tama po ba? so meaning lahat po rules and bounds ng company ay typo.

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5 Re: 13 month pay and breach of contract on Sun Dec 01, 2013 9:33 am

attyLLL


moderator
if you want to insist on the 20k, the remedy is to file a legal complaint against your company with the nrlc or dole


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