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Labour Protect Advice Forum -> Labour Protect Advice Forum -> 13th cheque help help!!!
Post Info TOPIC: 13th cheque help help!!!
Anonymous

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13th cheque help help!!!
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Dear Sir/Madam

I trust that you are well
I have recently resigned from a company and am confused on my 13th cheque entitlement.
The company states that is guaranteed, however will be payable after a calendar year or pro rata service until December should employee start during the year.
My employee has been accruing for this monthly and have been deducting taxes monthly to cater for the 13th cheque.
Will I be entitled to a pro rata portion if I resign end of the month after 6months of service as the employer has accrued, thereby creating an expectation of entitlement.
Your assistance will be highly appreciated.

Kind Rega



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Anonymous

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Typically an employee only qualifies for an annual bonus if he or she is still in the employer's service at the time that the bonus becomes payable. Check the company policy on qualification.



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Anonymous

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The above advice, pertaining to your current situation, is incorrect, on prima facie (face value) of your question with the merits supplied, the answer is yes, you are entitled to pro payment as stated in your merits of case since the bonus is guaranteed as well as the fact that the employer deduct advanced taxes, if the agreement does provide ONLY for the provision of this benefit as you provided you can claim this benefit, I will refer you to YOUR contract of employment and study the terms of resignation. Hope this helps Rautenbach & Associates

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Anonymous

Date:
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The wording on the contract is as follows:

You will receive a guaranteed 13th cheque which is equivalent to one months salary after a completed year of service or paid out pro rata based on the number of months completed with the company at the time of payment of the 13th cheque in December.

The company deducts advance taxes on a monthly basis and have been accruing on the payroll system, however is refusing to pay me pro rata at the moment.
Please advise if I have a case and how can I claim this money?
 
Your assistance is highly appreciated


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