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Certificate of Employment and 13th month pay

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1 Certificate of Employment and 13th month pay on Wed Jun 08, 2011 8:24 pm


Arresto Menor
I am an contractual employee and I just finished my contract last month so I ask a Certificate of Employment from my employer who also the HR of the company and she told me that it would take 1 to 2 months for my COE to be release. This small company has only 6 staff and 3 of us had finished contract. She would only make 3 COE, that is why I am wondering why would it take that long for our COE to be release and besides my employer did not give us our 13th month pay, it seems like she didn't knew about the 13th month pay.. What are the legal actions I should do for my COE to be release as soon as possible and to have my 13th month pay... Thanks I need your advice..

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write a letter demanding it. there is no legal rule regarding a coe, but as to 13th month:

6. 13th Month Pay of Resigned or Separated Employee.

An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.

The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.

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