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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » SEPARATION PAY

SEPARATION PAY

+3
attyLLL
Patok
NiceOneJune
7 posters

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1SEPARATION PAY Empty SEPARATION PAY Wed Jan 10, 2018 10:40 am

NiceOneJune


Arresto Menor

Good morning!

I work in the food service industry but our restaurant will be closed this January. We the employees are promised that we are going to receive our separation pay, service charge, backpay, etc. But my questions are...

- Separation pay is different from backpay right? Are we going to receive our separation pay before the store closes? Or is it the same with backpay like we will wait for months for us to receive it.

Feedbacks will be appreciated! Cheers! ☺️

2SEPARATION PAY Empty Re: SEPARATION PAY Wed Jan 10, 2018 11:48 am

Patok


Reclusion Perpetua

Separation pay is different from back pay.  Back pay is your last payslip which includes all days worked, vl/sl conversion, pro rated 13th month pay, tax refund if any.  Separation pay is payment for the years of service you rendered to the company, ask your HR how much is the separation pay, if it's 1 month or half month salary X years of service.

As to when it will be given, it depends on the company, they could just give it all at once, separation pay + back pay.

3SEPARATION PAY Empty Re: SEPARATION PAY Wed Jan 10, 2018 4:30 pm

NiceOneJune


Arresto Menor

So I just heard from our accountant and payroll officer that our separation pay will be given after 2-3 months. Is that even possible? I mean it's separation pay! Not backpay. It's unfair for us to wait that long ffs.

4SEPARATION PAY Empty Re: SEPARATION PAY Wed Jan 10, 2018 6:03 pm

attyLLL


moderator

The company's closing so it's going to be a take it or leave it situation. You can file a complaint at nlrc, but that will take longer than 2-3 months

https://www.facebook.com/BPOEmployeeAdvocate/

5SEPARATION PAY Empty Re: SEPARATION PAY Fri Jan 12, 2018 7:30 am

arnoldventura


Reclusion Perpetua

Separation pay is different from backpay. Closure of business, as an authorized cause for termination of employment, requires payment of separation pay. Try reading this, I hope it helps. https://www.alburovillanueva.com/authorized-causes-termination-employment

Just make sure that the amount of separation pay that you receive is correct, which is 1 month pay, or 1/2 month pay for every year of service, whichever is higher.

6SEPARATION PAY Empty Re: SEPARATION PAY Fri Jan 12, 2018 11:01 am

maxwell_24


Arresto Mayor

puwede po paki linaw yung 1 month or 1/2 month salary x the years of service
is it 1 month x years of service or only 1 month
or 1/2 x the years of service confused lang po kung paano po sya binabasa.. thanks.

7SEPARATION PAY Empty Re: SEPARATION PAY Tue Feb 06, 2018 4:44 pm

edgardo_tuballes


Arresto Menor

Gusto ko lang ho malaman, if entitled po ba ang empleyado if nag change ng name ang company and also ng location of operation sa SEC and BIR?

8SEPARATION PAY Empty Re: SEPARATION PAY Tue Feb 06, 2018 4:45 pm

edgardo_tuballes


Arresto Menor

Is there a particular article on the Labor code para sa change ng name ng company for the employees to receive a separation pay?

9SEPARATION PAY Empty Re: SEPARATION PAY Tue Feb 06, 2018 4:54 pm

lukekyle


Reclusion Perpetua

nope, as long as same company parin but nag change name lang, no separation pay. But if nagsara yung company tapos nag bukas under a different name, entitled kayo sa separation pay as long as ang declared nila na reason for closure is not because of business losses.

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