I resigned from my company on August 10, 2024, and have not received my 13th-month pay. My former coworkers received theirs, but I did not.

13th-Month Pay Mandate: The Philippine Labor Code explicitly requires employers to provide all rank-and-file employees a 13th-month pay. This is non-negotiable and applies to all workers, provided they have rendered at least one month of work during the calendar year. Resignation does not disqualify an employee from receiving a pro-rated share of this benefit.
Pro-Rated 13th-Month Pay: Since you resigned on August 10, 2024, your entitlement is calculated based on the number of months you worked. This would cover January through your resignation date.
Compliance by Employers: The Department of Labor and Employment (DOLE) is the government body responsible for monitoring and ensuring compliance with labor laws. Employers are mandated to release the 13th-month pay no later than December 24 of each year. Failure to comply can result in penalties.
Timeline of Events: Your resignation was on August 10, 2024. Given this timeline, there is no valid reason why you should not have received your pro-rated 13th-month pay, as your employment in the earlier part of the year qualifies you for it. Since your coworkers received theirs, it raises the question: why were you excluded?

1. Confirming Eligibility

Were you classified as a rank-and-file employee?
If yes, then you are covered under the law. However, there might be nuances to consider:
- Were you subject to special agreements (e.g., managerial-level contracts that exclude you from benefits)?
- Is there any documented dispute about your status or performance?
If no, it could complicate matters, but even then, DOLE typically requires evidence to justify non-payment.
Doubt: Could the company have a legal justification, like claiming an error or oversight? This seems unlikely since others received their pay.

2. Calculating the Pro-Rated Amount

Based on a full year (January–December), your share would be calculated as: ( \text{Basic Monthly Pay} \times \text{Months Worked} \div 12 )
Assuming you resigned in August, the pro-rated share would likely cover seven or eight months, depending on company policies.
Question: Could there be a miscalculation on the company’s end? Possible, but deliberate exclusion feels more plausible given your coworkers were paid.

3. Understanding Possible Reasons for Non-Payment

Could it be a clerical error or oversight?
If so, a polite inquiry might resolve the issue without escalating the matter.
Could the employer be acting out of malice or neglect?
If deliberate, legal action through DOLE would be warranted.
Does the company argue resignation forfeits the benefit?
This is not legally defensible under Philippine law.
Doubt: Is there an internal policy I’m unaware of? Something unique about the company could justify their actions (unlikely but worth exploring).

4. Exploring the DOLE Complaint Process

Filing a complaint with DOLE is straightforward but requires sufficient documentation:
- Employment records proving you worked up to your resignation date.
- Payslips or employment agreements indicating your salary.
- Written evidence of your attempts to claim the benefit (e.g., email correspondence).
DOLE typically resolves cases through mediation before escalating to legal enforcement.
Question: Is DOLE the best option, or should alternative steps (e.g., small claims court) be considered? DOLE seems the most practical starting point.

Attempt Resolution First:
- Draft a formal letter addressed to your previous employer. Politely but firmly request your 13th-month pay. Attach copies of any relevant documentation, including payslips and proof of resignation date.
- This could save time and avoid legal procedures.
Immediate Escalation:
- If you’ve already attempted informal resolution and been ignored, filing a complaint with DOLE might be quicker.
- Doubt: Should escalation be reserved as a last resort? This depends on how the company responds.

Assuming Clerical Error:
It initially seemed possible the company overlooked your payment, but the fact that coworkers received theirs weakens this hypothesis. Deliberate exclusion seems more plausible.
Exploring Alternative Explanations:
Attempting to justify the company’s actions (e.g., performance issues, policy nuances) leads to no valid conclusions under labor law.

Determine Eligibility: Confirm your classification as a rank-and-file employee and compute the pro-rated 13th-month pay owed.
Contact Employer: Send a formal demand letter requesting payment, backed by documentation.
File a Complaint: If the employer does not comply, file a complaint with the Department of Labor and Employment (DOLE) for enforcement of your rights.