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

13th month

Go down  Message [Page 1 of 1]

1 13th month on Wed Jan 24, 2018 12:10 am


Arresto Menor
I would like to seek for your advice. We have an employee who separated from our company due to his violation actually we did not terminate him but he gave a resignation an automatic resignation the day after the crime committed . Now he is asking for his 13th month pay and last pay, my payroll master won't release his 13 month without the signature on the clearance our manager wont sign it because he did not render the 30 days turn over and there are no attachments of turn over paper and other accountabilities. Now I am asking if, is it right to hold the 13th month because of this reason? Resigning without proper turn over?

View user profile

2 Re: 13th month on Wed Jan 24, 2018 7:35 am


Reclusion Perpetua
Unless you can prove the damages done by the employee by leaving immediately is worth that amount, then yes. Or just simply tell the employee that his 13th month pay can be released after the proper turn over (items need to be stated on his clearance form).

View user profile

3 Re: 13th month on Wed Jan 24, 2018 6:05 pm


if he files a money claim at nlrc, the employer has to prove the basis why it withheld the salary.

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

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