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no 13th month for more than 10 years

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1 no 13th month for more than 10 years on Fri Nov 06, 2015 1:51 pm

jo_mimmy


Arresto Menor
Hi,
I have been employed in my present company for almot 14 years.
we are paid on a per piece basis.
we never had any 13th month or leave benefits; however, we have been researching and have found out that we are entitled to 13th month pay.
if we talk to them and they comply, can we compel them to give us out previous 13th month pays? like for me, can i have retro of 13 years?

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2 Re: no 13th month for more than 10 years on Fri Nov 06, 2015 2:41 pm

council


Reclusion Perpetua
if at all you are entitled to the 13th month pay, you may be able to claim only the last 3 years, since money claims prescribe after 3 years.

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3 Re: no 13th month for more than 10 years on Tue Nov 10, 2015 3:54 pm

thepoetsedge


Reclusion Perpetua
You may want to seek the help of a DOLE officer or a Public Attorney, so that the proper cases can be filed. Moral and exemplary damages may be filed as an additional claim that are separate from the money claim regarding unpaid 13th month salaries.

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4 Re: no 13th month for more than 10 years on Tue Nov 10, 2015 4:03 pm

jo_mimmy


Arresto Menor
thank you.
we are thinking about that already beacuse it seems they will give the 13th month but not with the correct computation.
we dont have a basic salary because we are paid on a per piece basis and there are times that they would let us work from home. they are planning to give the 13th month based only on our work inhouse (meaning jobs we have done at the office)
we do not have sick leaves or vacation leaves also.

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5 Re: no 13th month for more than 10 years on Thu Nov 19, 2015 9:53 am

thepoetsedge


Reclusion Perpetua
DOLE has representatives that can aid you in determining how to compute the 13th month pay. Remember, 13th month pay cannot be waived, unless the employer gives a higher amount than what is prescribed in the Labor Code.

If there are employment contracts, keep them and show it to the DOLE rep so that they can determine what type of employment you have with your employer. It will also serve as evidence regarding the existence of an employee-employer relationship, which is crucial in any labor-related case.

Sick leaves and vacation leaves, however, are dependent on the employer if he will provide his employees with such. There is nothing in the Labor Code that requires an employer to provide such leaves for his employees. Alternatively, you may ask the DOLE rep if there are other leaves under the Labor Code that you are entitled to have, like Service Incentive Leave and such.

Good luck in your current situation.

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