Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

No 13th month pay

View previous topic View next topic Go down  Message [Page 1 of 1]

1 No 13th month pay on Sun Dec 07, 2014 9:35 pm

drkyu28


Arresto Menor

Good day ma'am/sir/attorneys,

I am working for a BPO company.
I made a request towards management thru email to be on LOA without pay and along was a soft copy of my wife's medical certificate.
I had to attend to my wife's medical needs intensively as per the doctor's advised.
It started October 27 which was supposedly only until November 16.
The operations manager and my supervisor replied acknowledging the request so I was under the impression that it was duly granted.
Due to inconvenience from our current situation and my wife's slow recovery long before the leave request ended on November 16, I requested for it to be extended up to the 27th making it 31 days instead.
Along with the request for an extension was a proactive statement that they will be rightfully allowed to verify my wife's condition from her physician any such reasons for extension.
Afterwhich, I went to the office and asked our operations manager(because my supervisor wasn't in yet) if he was receiving my emails since he was CC'd along the emails me and my supervisor was exchanging and he said, "I haven't been reading emails lately because of access issues", I replied, "but you are aware that you are CC'd along my communication with my supervisor, right"? And he said, "yes! That's good I will read your emails as soon as I get access back".
Not long after the night I came by the office, I received an email from my supervisor stating that he understood that I have communicated a request for an extension, I replied and since then I have kept communicating with them though they've stopped exchanging emails with me.
Due to unforeseen cirumstances my wife was not able to attend her check up on November 27 and was moved to a later date.
I, again communicated that thru email as early as possible towards management since company policy dictates a 2 hour before time-in notice if unable to report for work regardless of such method and a given period as to how long absence will be.
On December 1 I sent a soft copy of my wife's medical certificate stating she will be Fit too work starting December 10 which as well declared that I will be free from her intensive care and replacing her role through household matters. Thus, I can go back to work on the said date.
December 5 was our releasing of 13th month pay and all other emplpyees received theirs but I did not get paid with mine, instead I received an email from HR of a Notice of an Admin Hearing scheduled December 9 10pm for a pending show cause memo regarding my tardiness left behind when I was on Paternity Leave.
I, then immediately replied as to why I wasn't paid my 13th month pay salary and there was no response. The following day December 6 I sent a demand letter thru email stating I have not been legally separated with the company yet, that if they could make the necessary arrangements within the next 24 to 48 hours, that I was allowed to be on LOA, so that still entitles me to such benefit. I am still waiting for their response same as I am waiting for any changes but I doubt that they will comply.

Is there anything that I can do about this? I am not liberally knowledgeable with such law involved with these kind of matters.

Please, I need your expert advice.

View user profile

2 Re: No 13th month pay on Wed Dec 10, 2014 2:34 pm

Katrina288


Reclusion Perpetua
You should be entitled to your 13th month pay. And since it's already Dec. 10 today, what happened during the admin hearing concerning the show cause memo?

View user profile http://www.kgmlegal.ph

3 Re: No 13th month pay on Wed Dec 10, 2014 3:54 pm

drkyu28


Arresto Menor
Katrina288 wrote:You should be entitled to your 13th month pay. And since it's already Dec. 10 today, what happened during the admin hearing concerning the show cause memo?

I wasn't able to attend it ma'am.
should I request for it to be rescheduled,
by not being able to attend it, is that going to make this case more difficult?

Thank you so much for you time.

View user profile

4 Re: No 13th month pay on Wed Dec 10, 2014 3:58 pm

Katrina288


Reclusion Perpetua
Did you submit any written explanation kung ano yung side mo? Hindi naman more difficult, kaya lang opportunity mo sana yun na malaman yung specific details ng side nila. Did you try to ask HR kung ano nangyari? Or ano ang feedback nila about your situation?

View user profile http://www.kgmlegal.ph

5 Re: No 13th month pay on Wed Dec 10, 2014 4:01 pm

drkyu28


Arresto Menor
Katrina288 wrote:Did you submit any written explanation kung ano yung side mo? Hindi naman more difficult, kaya lang opportunity mo sana yun na malaman yung specific details ng side nila. Did you try to ask HR kung ano nangyari? Or ano ang feedback nila about your situation?

yes ma'am and they are all aware of it.
the HR representative exchanges email with me whenever necessary.

3 days after I sent them an email of demand, I again sent them an email following up why they haven't responded nor explained why I didn't get my 13th month pay and they replied that the reason why I didn't receive my 13th month pay was because they had to re-compute it.

the company releases the 13th month pay every first friday of December each year and it has always been that way. Never there was a case in the company that someone had been delayed of such benefit because of a prolonged leave that is why I was surprised.

was that reasonable enough ma'am or were they in anticipation that they will be able to terminate me after the hearing that's why they put a hold on my 13th month pay?



Last edited by drkyu28 on Wed Dec 10, 2014 7:12 pm; edited 3 times in total (Reason for editing : additional details)

View user profile

6 Re: No 13th month pay Today at 6:19 pm

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum