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Question
Posted by: Sam | 2010/03/04

13th cheque

I wonder if you can give me some advice about my situation  I have been working for my current employer for the past 5 years. My increases are due in February and my 13th cheque in April. I did not receive and increase in 2009 due to the global economic situation. I resigned on the 23rd of February 2010, as I am relocating. My increase, which was due on the 25th of February, was not paid (it was not yet confirmed if there would be increases for 2010). Today I was told that I would not be paid pro-rata bonus, even though my 13th cheque is due in April, and I am leaving in March (and I’ ve been paying pro-rata tax). I was told the reason therefore is that the new tax year starts in March, and then I will automatically forfeit my 13th cheque (I suppose they mean that if I had not resigned, I would have paid pro-rata tax for THIS 13th cheque (25/04/2010) from March 2010 to Feb 2011).

There are other employees who have now queried their increases, and they were told that the directors were in discussion as to how high the increases would be.

I want to know if:
a) If the company can just not give me an increase, wait for me to leave, and then give the other employees an increase?
b) If I do in fact forfeit my 13th cheque?

Thank you for your time

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Our expert says:
Expert ImageLabour lawyer

re: 13th Cheque


Most cases refer to the actual contract of employment. You need to study this contract of employment to ensure there is nothing mentioned about the 13th cheque and how it is calculated. Many employers state that if you are not present working within the company at the time when the 13th cheque becomes due and payable then you do not receive same. If however it is silent, then you would possibly receive the pro rata. The very fact that you are paying income tax on the 13th cheque means that you should receive the pro rata amount.

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Our users say:
Posted by: Anonymous | 2016/04/04

I am a community service professional nurse started in January 2016 I signed forms with my employer which stated that I will be taxed for my bonus every month to my surprise I did not get my pro rata bonus as stated on my birthday month. Am I entitled to it or I am just being taxed for nothing?

Reply to Anonymous
Posted by: Anonymous | 2015/12/30

I was employed on contract at the sport department on from 2009 - 2012 then i was told my contract will not be renewed then now i am employed in DCS and when they appointed me they found out my contract was not terminated it was runing now i had to resign officially be appointed in the current employer so now i receive my last month payslip oCS says i must go to HR department for my 13th Cheque/ Bonus to be paid so i want to know do i qualify ?

Reply to Anonymous
Posted by: Anonymous | 2015/12/02

Kindly advise. I am currently on a 13th cheque incentive, hence my monthly salary is less than what it should be monthly. My employer paid out my 13th cheque in November as they do every year. I have now resigned in December as my final notice. But now my employer is telling me that they will recover the 13th cheque they paid me in my December salary. Is this ethical and allowed by labour law. Please advise.

Reply to Anonymous
Posted by: Anonymous | 2014/12/29

i started working for my new company in biggining of January, the contract states that 13th cheque will be paid on the birthday upon serving 12 consecutive months. my birthday is on the 24th Dec. I was not paid the 13th cheque and told there are still 3 days left on completing 12 months. i find it unfair and would like to know if that is possible. Coz i even work Saturdays and holidays which i dont get paid overtime as im in management level

Reply to Anonymous
Posted by: Jones. | 2014/11/27

on the 15 of november 2014 I was offered employment somewhere and I decided to resign at my current employer, notice period of four weeks served up to the 12/12/2014.my employer told me that I ll forfeit my 13th cheques if I don't work until the 31 of december,.the 13th cheque is paid every year on 15th of December. We hav check on my contract of employment. It only state that I ll be paid bonus as per the legislation. No other clause stating that i wil forfeit my 13th cheque if I resigned before the 31 of december.i asked why if they employ new staff in middle of the months And they get pro rata 13th cheque.but I work up to the 12 of december end I dnt get it. Pls advice

Reply to Jones.
Posted by: labour lawyer | 2010/03/05

re: 13th Cheque


Most cases refer to the actual contract of employment. You need to study this contract of employment to ensure there is nothing mentioned about the 13th cheque and how it is calculated. Many employers state that if you are not present working within the company at the time when the 13th cheque becomes due and payable then you do not receive same. If however it is silent, then you would possibly receive the pro rata. The very fact that you are paying income tax on the 13th cheque means that you should receive the pro rata amount.

Reply to labour lawyer | 1 comment (hide)
Posted by: Jones | 2014/11/30

Thanks for your advise.

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