Hello

I have looked through the previous threads but couldn't find anyone with the exact issue. I started a new job in mid November. My 13th month pay has been pro-rated in December , which is fine. However, this will mean that my final annual pay is below that stated in the contract.

I have used representative numbers but the contract stated "Annual Salary of 13,000CHF paid in 13 monthly payments" In reality half of the 13th month is paid in December and half in June.

Salary 1 (1/2 month) - 500 CHF
December 13th month (1 whole month, plus pro-rated 13th month) = 1125
June 13th month (1.5x salary) = 1500
10 x normal month = 1000
Final 2 weeks pay in November 2019 = 500

Total = 12 625

Am I correct that either they should have paid me the fil 0.5 13th Month in December OR they owe me this in june or at the end of 12 months service.

By my calculations they will not pay me the contracted annual salary.

Any advice very welcome!

I don't understand how you are calculating, but I would base the calculations for Year 2018 (from 01.01 to 31.12) and then separately for Year 2019.
It seems to me (maybe I am wrong) that you are calculating the year from 15.11.2018 to 15.11.2019.

You are missing one thing:

If you would work a full year than the "missing" 375,- will be earned in the period between June and the mid of november. Totalling to an annual pay of 13K

The employer handles this proper, you just have your math wrong.

15.11.2018 to 15.11.2019 Would still be a salary of 13K, OP just forgets to calculate his earning for the 13th month in the last months of what he sees as a full year.

Why? November 2019 is still far away.

Like the first 13th installment was pro-rated so will be the last, which is paid out with the last paycheck.

Total = 13 000

Thank you - you are of course correct. By December 2019 I will have been paid correctly. Poor maths and getting over excited by the arrival of my first snow I think!

Half of November plus December is 1/8 of the year so combined payout should be, and is, 1/8 of 13k or 1'625.

You can't end a job contract in the middle of the month unless it's of fixed duration, which I assume to apply to your contract. So the total pay for the remainder of the fixed-term contract should be 7/8 of the annual salary as 1/8 has already been paid.

7/8 of 13k is 11'375. That's the total you're owed for 2019.

In your calculation the 13th salary for the final 4.5 months is missing, that is 3/8 of the 13th salary, which is 375. However you seem to count 11.5 months (10 months plus June including half the 13th plus half of Novemer).