My boss don't give us our 13th month pay, what should we do?

@deine86 (115)
Philippines
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
29 responses
@atv818 (1988)
• United Arab Emirates
5 Dec 12
If this is mandated by your country then report them to the proper authorities but be prepared for the consequences in case the law will take longer than usual to take effect like law proceedings in the case of lawsuits. Good luck!
@deine86 (115)
• Philippines
6 Dec 12
We're thinking same way atv818, because I also knew that same cases here in the country takes too long to process.
@cupkitties (6702)
• 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.
@deine86 (115)
• Philippines
6 Dec 12
You're right we're planning it just in case, our boss decide to terminate or not allowed us to work anymore in the company. The sad part is why they have to be like this when all of us showed them kindness and concern. Hmmm so disappointed in them.
@beamer88 (4268)
• Philippines
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.
@deine86 (115)
• Philippines
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.
@mariaperalta (19096)
• Mexico
4 Dec 12
thats sad... do you have a labor board or something equal you can go to? Someone you can talk to about this?
@deine86 (115)
• Philippines
6 Dec 12
Unfortunately we don't have any labor board. Yes so sad because of this incident we're not going to work for next year if they didn't give us what's for us.
@owlwings (38055)
• 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.
@deine86 (115)
• Philippines
6 Dec 12
Yeah we already did that we're just waiting now for the action of the Local Labor Office.
@adhyz82 (36289)
• Indonesia
4 Dec 12
i do hope your boss someday can change his mind.. you and your friend deserver to get 13 months pay if you and your friend had worked hard..
@deine86 (115)
• Philippines
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?
@klystron635 (1520)
• Philippines
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.
@deine86 (115)
• Philippines
4 Dec 12
We do talk to them but unfortunately they are Koreans who didn't speak and understand English, we are working by sign language and translation dictionaries and stuff like that. Well I guess it's hard for them to understand that it's a government law.
• India
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.
@deine86 (115)
• Philippines
4 Dec 12
Yes we all fear that we might lose our jobs, I guess the only way now is to take this to a higher level of legalities.
@betty1989 (752)
• China
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.
@deine86 (115)
• Philippines
4 Dec 12
We already do that betty1989 but unfortunately, they just insist there wrong insights about 13th month pay...
@asliah (11149)
• Philippines
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.
@victorywp (3530)
• Malaysia
2 Mar 13
hi deine86, in korea maybe there is no such thing as 13th month pay, but i think they have something called bonus which means it could be a one-month bonus or a two-months bonus depending on the company's profit for the whole year.
@JohnRok1 (2051)
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.
@jpso138 (7844)
• Philippines
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.
@jaiho2009 (39079)
• Philippines
8 Dec 12
Tell them you're going to report them to Labor Department. Even househelps and other small time jobs are entitled for this benefits- so these Korean company owner have no right to complain.
@ARIES1973 (9441)
• Legaspi, Philippines
7 Dec 12
Hi deine! First, I would want to know if it was stated in your contract when you were hired by this company. Have a nice day!
@Shavkat (44853)
• Philippines
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.
@andy77e (5170)
• United States
6 Dec 12
What is 13th month pay? What does that mean exactly?
• Philippines
5 Dec 12
Go to the labor department. File something. but be ready to find a new job after.
@meozard22 (872)
• Philippines
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.
@kokomo (1868)
• Philippines
5 Dec 12
I think you should report them to DOLE.And DOLE will do the necessary action for that. Every employer is mandated to give their worker a 13th month. It is an every employee's privilege.