Dear Atty. Kathy,

Our company has a labor case, where we were ordered by the Labor Arbiter to pay a former employee’s proportionate 13th month pay, among other awards.

However, the former employee herself did not even claim this as a cause of action in her complaint.

Can we include this in our appeal, and question why the former employee was granted the award of the proportionate 13th month pay when this was not even one of the grounds in her complaint?

Freya

Dear Freya,

The Revised Guidelines on the implementation of the 13th Month Pay Law (Presidential Decree No. 851) dated 18 November 1987, provided that an employee who has resigned or whose services were terminated at any time before the time for payment of the 13th Month Pay is likewise entitled to 13th Month Pay in proportion to the length of time he worked during the year.

Based on your narration, the former employee did not specifically pray for her proportionate 13th month pay. However, no less than the Supreme Court has ruled that it is for the granting of the relief an employee is entitled to under the law, although he or she failed to specifically pray for the same.

Therefore, in the interest of justice, the payment of the proportionate 13th month pay can be validly ordered if there is no proof that the same has already been paid.

(John Kriska Logistics, Inc., et al. versus Elizardo T. Mendoza, G.R. 250288, 30 January 2023)

Atty. Kathy Larios