Legal Question in Employment Law in Philippines

good morning,

I'm working at toshiba phlippines for 15 years and my monthly salary is 16,800.

my question is, is it pair to received 189,000 pesos if im going to resign?

hoping for your immediate response.

thankyou and god bless..


Asked on 6/13/12, 2:22 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

I ALREADY ANSWERED THIS. BUT READ AGAIN THIS PROVISION (ARTICLE 283 OF THE LABOR CODE) TO SEE IF IT IS APPLICABLE TO YOU. FOR YOUR SIMPLE UNDERSTANDING THE SAID PROVISION PROVIDES JUST CAUSE FOR TERMINATION AND ENTITLEMENT TO SEPARATION PAY.YOU MAY EVEN WONDER THAT WHAT WAS GIVEN TO YOU WAS EVEN HIGHER THAN THAT PROVIDED BY LAW. CLEAR?

ART. 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

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Answered on 6/14/12, 1:06 am


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