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Please Help Me

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1 Please Help Me on Mon Aug 01, 2016 11:33 am


Arresto Menor
Last July 10, I filed my resignation in my company due to personal reasons. I have nothing against my company and just wanted to explore new career. I stated that my last day of employment will be on August 10. It's a voluntary resignation. My contract would have been finish by August 26. I just want to know if:

a. I am entitled to 13th Month Pay or Separation Pay;
b. How do I compute that?

Both of these are not stated in our company contract. The company will give me a separation contract that I need to sign, so I wanted to know my rights according to Philippine Law or any company violations beforehand.

Background: I have been working for a year and a half in this private company of under 100 employees. My first contract was for 6 months and my second contract was for one year. Both contracts stated that I am not a regular employee but a contractual employee. It stated C13 (Contractual for one year). They only deduct a tax of which is around 340pesos, even if my salary is almost 20K. They don't pay our SSS and Philhealth. Mostly, contractual employees here pay on their own. So some don't bother to register for an SSS account. A few regular employees get the SSS, Pag-ibig and Philhealth benefits. None of the past resigned employees got their 13th month pay or separation pay because the HR told them they are only contractual employees.

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2 Re: Please Help Me on Mon Aug 01, 2016 11:35 am


Arresto Menor
Sorry that is C12** not C13

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3 Re: Please Help Me on Mon Aug 01, 2016 1:36 pm


Reclusion Perpetua
a.) Separation pay - no, unless it says so in the contract or its company policy.
13th month - if you are considered an employee, yes you are entitled.

If your contract ends on aug 26, why not finish it na? 16 days additional nalang. You might be liable for breach of contract if you don't.

If you are an considered an employee, contractual or regular, your employer should be deducting SSS, philhealth and pag-ibig.

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4 Re: Please Help Me on Tue Aug 02, 2016 12:20 am


Arresto Menor
The company accepted it because they asked us one month before renewal, if we are going to renew or not. I will be leaving by the 15th of August to relocate, that's why I decided to do resignation. If they accepted it, is it still breach of contract? Sa dame ng nagresign po sa aming company, wala pa naman pong nakakasuhan.

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5 Re: Please Help Me on Tue Aug 02, 2016 6:56 am


Reclusion Perpetua
If they accept your resignation (keep a copy for yourself) then you will not be in breach.

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