family driver

hi, newbie here and just need your help regarding our family driver.

quick and short story, he has been with us for around 10years already. gusto na namin siya tanggalin because he is abusive, kung late, walang pasabi. kung bibili ng pagkain, bigla nalang titigil sa kalsada ng walang sabi sabi, hindi na inaalagaan ang car, kung may lubak dirediretso. minsan pagmagaabsent, walang pasabi, in short AWOL. he even said na he wants to resign but since alam niyang wala siyang makukuha kung voluntary resignation, ayaw niya umalis. so nagaantayan kami dahil ayaw din namin siya tanggalin.

fast forward today, he is sick. he said last week na maghanap muna daw kami ng replacement dahil hindi pa nya kaya pumasok. my question is can we remove him already (since this is our chance) dahil indefinite leave sya, he doesnt know when he'll come back and of course we cant wait for him forever.. is he entitled to separation pay? if so, whats the computation? 15days per year of service? or just 15days as stated in kasambahay law (not sure if he is included in this law)

thank you for your help!

You can always replace him. You are NOT obligated to give separation pay unless gusto niyo.

HrDude wrote:You can always replace him. You are NOT obligated to give separation pay unless gusto niyo.

thank you for the reply sir. hindi naman kami bound by law to give him anything right? kahit na pumunta pa sya ng dole?

silie wrote:

HrDude wrote:You can always replace him. You are NOT obligated to give separation pay unless gusto niyo.

thank you for the reply sir. hindi naman kami bound by law to give him anything right? kahit na pumunta pa sya ng dole?

You are bound to give him his earned (but unpaid) salary and any other benefits that may have been agreed upon.

council wrote:

silie wrote:

HrDude wrote:You can always replace him. You are NOT obligated to give separation pay unless gusto niyo.

thank you for the reply sir. hindi naman kami bound by law to give him anything right? kahit na pumunta pa sya ng dole?

You are bound to give him his earned (but unpaid) salary and any other benefits that may have been agreed upon.

thank you for this