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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Separation pay

Separation pay

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1Separation pay Empty Separation pay Wed Oct 12, 2016 10:23 am

Asdeluna


Arresto Menor

Would like to ask lng po, owner po ako ng small company selling pipes. There were projects that would require us to install them so that would be the only time din na i'll be needing welders. I have people who are like on call welders already. I did not ask them to sign contract but have been giving them above minimum wage, meal allowance and bonus at the end of the year but not really computed as 13th month pay. Since we don't have much projects now. Can our so called on call welders ask for a separation pay from me? Thanks in advance. .

2Separation pay Empty Re: Separation pay Wed Oct 12, 2016 11:36 am

HrDude


Reclusion Perpetua

Asdeluna wrote:Would like to ask lng po, owner po ako ng small company selling pipes. There were projects that would require us to install them so that would be the only time din na i'll be needing welders. I have people who are like on call welders already. I did not ask them to sign contract but have been giving them above minimum wage, meal allowance and bonus at the end of the year but not really computed as 13th month pay. Since we don't have much projects now. Can our so called on call welders ask for a separation pay from me? Thanks in advance. .

SEPARATION PAY is NOT Automatic. If a company has a Separation Pay Program or it is included in the CBA, Separation is NOT demandable.

In your case, i assume, that since you are a small company, you have no separation pay program. Hence, you need not pay them separation pay.

3Separation pay Empty Re: Separation pay Wed Oct 12, 2016 1:20 pm

ador


Reclusion Perpetua

Greetings, Adseluna.
This is off the point, but equally important to business sustainability:
During these "projects", do you have a sight safety officer or safety equipment for the "project-based" workers? There are indeed some 'company/contractors' who got into trouble for 1. labor practices 2. safety violations.
I hope this helps.

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