My boss don't give us our 13th month pay, what should we do?
December 4, 2012 12:39am CST
Hi there guys, me and my co-workers are worried now because our bosses will not give us our 13th month pay. They are Koreans and they told us that in their country, it's not like that. Well my co-workers and I keep explaining to them them that here in our country, it's mandated by law, but they insisting that they will not give us any amount. Hmmm Christmas is near and all of us are expecting it. It's my first time to encounter this problem. I hope someone can help us with this matter.
4 people like this
• United States
4 Dec 12
Yes, there is a chance you could lose your jobs, but how is it any different if you stay there working and continue to not be paid? Either way, you are without money. If you're concerned about job loss, then be out there looking for a second one. That way if something ,does happen, you'll already have a back up.
4 Dec 12
Since you've explained to them the legalities, then I think the only recourse you have is to file a case with the National Labor Relations Commission. To be frank though, I don't think you'll be able to get your 13 month pay this year. I mean, courts take some time to resolve cases. And there are appeals and such.
6 Dec 12
Yeah we also knew that if our boss don't give in to our demands. That's why we're crossing our fingers that maybe if someone go to our office to explain and inspect, we hope that they'll agree and understand things. Cause if not, we're afraid that we have to prepare for a long process.
• Cambridge, England
4 Dec 12
You should first make sure that the company you work for is covered by this law and that you are eligible for the payment. The relevant law (full text and Guidelines) can be found here: http://www.chanrobles.com/presidentialdecreeno851rules.htm#.UL2132c3nLQ and here: http://www.chanrobles.com/revised13thmonthpayguidelines.htm#.UL21zWc3nLQ If you think that your employer is liable to give you a 13th Month Payment under the law, you should contact your local Labor Office and ask them to confirm this and how best to approach the matter. It certainly seems that you may have a case because the law appears to apply to anyone operating a business in the Philippines and employing Filipinos.
6 Dec 12
Yes we worked hard for the past 9 months because our company had just started last May, so they are just getting some information about the dos and don't here in our country from there Korean friends and businessman partners. But our point here is why they don't conduct a study before they go and start business here right?
4 Dec 12
If 13th month pay is mandated by government, then your boss must abide the law. Just make sure that your company is residing in that same country. I'm sure your bosses has an idea about the law or has local accountants/lawyers that can inform them about it. You can start talking to them. If all else fails you can always raise the issue to the department of labor.
4 Dec 12
Why don't you and all your co-workers take support of law. You can complain to police. If you fear of losing your job then you are doing the great mistake. Or simply tell that you all will not work for whole 13th month. If you have dare to support the truth, you will definitely win.
4 Dec 12
if the 13th month pay is mandated by law, then you should insist on getting 13th pay since it is the way doing on your country. If your boss refused for that they not do this in Korean, then tell your boss, you are not in Korea, you are in my country. You deserve to have 13th month pay. Just be brave.
10 Mar 13
huh?really then why?i think that every boss or even company should release 13th month pay for their employee,because one of the rights of an employee is to have and receive their 13th month pay yearly,i think you should report it to the government agency under labor and employment.
19 Feb 13
How does your pay compare to what you would expect from other companies? I ask, because your bosses might have budgeted to give you a fair salary based on twelve months' salary for 12 months' work (this is the system here in the UK also), and whilst you may have a legal right to an extra 13th month's pay, your legal enforcement of this could bankrupt the company. And then where would you be? You need to decide whether your company can actually afford to give you your 13th month pay, and if they can't and you bankrupt them, whether it matters, or are there plenty more fish in the sea as regards jobs.
23 Dec 12
The law in our country surely states that an employee is entitled to a 13th month pay. This actually excuses no one. Even if they are Koreans and they are doing business here, the they should follow the law. I have a lot of friends in Mactan Export Processing Zone, this are actually companies owned by American, Japanese, and many other nationalities. They are giving their employes, 13 month pay since they are operating in the Philippines. If they do not give you your 13 th month pay, perhaps it is time to go to the labor department and complain so that this people who do not follow our law will be dealt with accordingly and so that you will be able to receive what is due.
7 Dec 12
The only thing I can suggest is to file a complaint with the labor authority. This is not appropriate for your of not releasing the proper compensation under his umbrella. You can try to ask essential information in your government sector about it.
5 Dec 12
in that case, you can inform this to your government so they can take the actions and for you to get your 13th month pay. Your boss should know the laws in your country, and if they are not listening to you as an employee, let the government tell them that they must observe the law.