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13th salary entitlement

Question

Dears,

I am changing jobs - have signed a new contract but will stay with the old employer until 3 January. Some of my colleagues are in the same situation. One of them learned today that she is not eligible to receive the 13th salary as she has handed in her resignation. If she had been fired, then she would qualify.

I am going to raise the issue with the HR deparment still this week, but I would also be interested to hear your opinions. I have done a quick search, and there are references on the Internet that prove it might be true. If this is the case, could I (and my colleagues) leave under mutual agreement instead of notice and retain the entitlement to the 13th salary? Thank you for sharing your thoughts with me.

Answer
Catalina Dec 15, 2015 12:20

I have just learned from a lawyer specializing in labor law that in fact I do not qualify because of the notice I have handed in. Sad.

Answer
J Dec 15, 2015 14:28

Your contract of employment will tell you exactly what you are or are not entitled to under these circumstances.

Read it.

Answer
ao Dec 16, 2015 20:16

It depends on the regulations of the collective labor agreement (commission paritaire) under which you work. Most common rule indeed is that if you resign you'll not be entitled to the 13th month. In some CPs there is a link to the seniority, in this case usually the limit is 5 years prior resignation (you'll be entitled to the premium if you have worked in the company minimum 5 years).

Answer
Catalina Dec 17, 2015 12:17

Thank you for the reply. Indeed, I am not entitled under the notice. Yet I was offered a mutual agreement yesterday, which makes me eligible for the 13th pay. All is well that ends well.

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