10667), SUSPENSION OF WORK IN THE PRIVATE SECTORS BY REASON OF NATURAL OR MAN- MADE CALAMITY, Tax Exemption for Nonstock Nonprofit Corporation, TAX INCENTIVES GRANTED TO NATIONAL ATHLETES AND COACHES, Taxpayer’s remedies against assessment and collection by BIR, Technical Education and Skills Development Authority Issuances, Telecommuting as An Alternative Work Arrangement, Termination of employment due to loss of trust and confidence, The 6th Labor Relations and HR Management Summit 27 February 2019, The Barangay Micro Business Enterprise (BMBE), The Basics on How to Form a Corporation in the Philippines, The Difference Between Merger and Consolidation and their Effects, The Different Grounds for Termination of Employment, The Tenor of a Voluntary Resignation of an Employee and its Effects, Theft inside the Company Premises: Remedies of the Employer, Things to know about entering a joint venture, Things to know about filing a small claims case, Trademark Registration as an Effective Tool for Business and How to Protect It, Transport company’s liability in transporting passengers or goods, Trust as tool for securing corporate assets from dissipation, TULONG PANGKABUHAYAN SA ATING DISPLACED AT DISADVANTAGED WORKERS (TUPAD) PROGRAM, Types of Businesses: Their Advantages and Disadvantages, Types of employment, and how it affects security of tenure, Understanding and fixing wage distortion issues, Understanding Security of Tenure of Employment Under  the “New Normal”, Understanding the Doctrine of Corporate Social Responsibility, UNDERSTANDING THE DOCTRINE OF SUBROGATION IN INSURANCE, Understanding the nature and consequences of resignation, Understanding the Nature of Manager’s Check, Understanding the Principle of Indivisibility of Stock Subscription, Understanding the Rights and Reliefs of Overseas Filipino Workers, Unfair and unconscionable sales acts and practices, UNITE! COUNT YOUR BLESSINGS: COMPUTE YOUR HOLIDAY PAY! Can an Employer Require His Employee to Work on His Rest Day? 11199, Also Known as The New Social Security Law Of 2018, amending Republic Act No. Finally, the more important aspect in the termination of employment is the payment of the employee’s separation pay equivalent to at least one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. No. In case of Retrenchment, the documents which must be filed with the appropriate BIR office are the following: 1. 8792) in Business, DEED OF SALE OF REAL PROPERTY IN A PUBLIC INSTRUMENT, Department of Budget and Management Issuances, Department of Information and Communications Technology Issuances, Department of Public Works and Highways Issuances, Department of Social Welfare and Development Issuances, Department of the Interior and Local Government Issuances, DIFFERENT TYPES OF EMPLOYMENT IN THE PHILIPPINES, DIRECT AND INDIRECT CONTRIBUTORS UNDER THE UNIVERSAL HEALTH CARE ACT, Dismissal due to gross and habitual neglect of duty, Disregarding Company Rules and Regulations: A Ground for Termination, Distinguishing Contract of Sale from Contract to Sell, Distribution of Assets in Nonstock Corporation Undergoing the Process of Dissolution. Are School Bus Operators Common Carriers? Likewise, the Tax Code provides that it is excluded from gross income. 11232 (Effectivity Date: February 23,2019), KINDS OF CORPORATE MEETINGS UNDER PHILIPPINE LAW, Knowing more about labor law compliance inspections, Knowing the consequences of employment of children, Knowing the Difference Between Probationary Employment and Project Employment, Knowing the Difference Between Retrenchment and Redundancy as Authorized Causes for Dismissal from Employment, Knowing the Legal Effects of a Finding of Illegal Dismissal, KNOWING THE POWERS OF CORPORATE OFFICERS OF STOCK CORPORATIONS, Land Transportation Franchising and Regulatory Board Issuances, LEASE OF PERSONAL PROPERTY WITH OPTION TO BUY, Legal Implications of a Forged Deed of Sale, Licensing Agreement versus Franchising Agreement in the Philippines, LIQUIDATION OF FINANCIALLY DISTRESSED ENTERPRISES, Long-term foreign lease over lands in the Philippines, Management prerogative and rights of employers, Managing the Family Business: Keeping the Legacy Alive 26 April 2018, MANDATORY REMITTANCE FOR OVERSEAS FILIPINO WORKERS, MARRIAGES EXEMPT FROM THE LICENSE REQUIREMENT, MARRIED WOMAN ON THE USE OF SURNAME OF HER HUSBAND, MATTERS CONCERNING EMPLOYMENT OF NON-RESIDENT ALIENS, Matters Involving Enforceability of Insurance Policies. Follow-up question, “Is the exemption from tax automatic?” The answer is NO. 8282, NOTARIAL WILL vs. HOLOGRAPHIC WILL (Part I), NOTARIAL WILL VS. HOLOGRAPHIC WILL (Part II), ON COVERED INSTITUTIONS UNDER ANTI-MONEY LAUNDERING ACT, ON COVERED TRANSACTIONS UNDER ANTI-MONEY LAUNDERING ACT, ON FREEZING MONETARY INSTRUMENT OR PROPERTY, ON MANDATORY REPORTING OF NOTIFIABLE DISEASES, ON REQUIRING EMPLOYEES TO POST CASH BONDS OR DEPOSITS, ON RETENTION AND REACQUISITION OF PHILIPPINE CITIZENSHIP, ON SERVICE CHARGES COLLECTED BY HOTELS AND RESTAURANTS AND OTHER SIMILAR ESTABLISHMENTS, Online Registration System for One Person Corporation and Corporations with 2-4 Incorporators, Operations of Malls and Shopping Centers in Areas Declared Under General Community Quarantine (GCQ), ORGANIZATIONAL SECURITY MEASURES FOR THE PROTECTION OF PERSONAL DATA, Outlawing monopolies and promoting market competition, OWNER’S RIGHT TO THE FRUITS PRODUCED BY HIS PROPERTY, PAYMENT OF BILLS AND GOVERNMENT MANDATED CONTRIBUTIONS DURING COVID-19 PANDEMIC, Payment of salary, and prohibitions regarding wages, PAYMENT OF SSS AND GSIS CONTRIBUTIONS BY THE SAME PERSON AT THE SAME TIME, Permissible Deductions from Wages under the Labor Code and Other Laws, Philippine Economic Zone Authority Issuances, Philippine Guarantee Corporation Issuances, Philippine Overseas Employment Administration, PHYSICAL SECURITY MEASURES UNDER DATA PRIVACY ACT, PONDO SA PAGBABAGO AT PAG-ASENSO (COVID19 P3-ERF), Practical Labor Relations Workshop – Inquirer Academy 14 August 2019, PREQUALIFICATION OF FOREIGN RETAILERS UNDER REPUBLIC ACT NO. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or under taking 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. Workers are entitled to receive a separation pay of at least half month for every year of service. X, after serving ten (10) years of service as Data Encoder. In case of retrenchment before or after the expiration of the extension, the affected employee will be entitled to separation pay prescribed by the Labor Code, company policies or … IS PREMATURE RETIREMENT OF EMPLOYEES ALLOWED? From the removal of the force majeure and prior to the expiration of the 6-month bona fide suspension, retrenchment may be resorted subject to due process compliance, including payment of separation pay. It shall be duly established by the employer by competent evidence which should be attached to the monthly return for the period in which the amount paid due to the involuntary separation was made.   11229, otherwise known as Child Safety in Motor Vehicles Act, Enter Your Pin or Swipe your Card: A New Law Providing Stricter Use of Access Devices, Essentials of Special Power of Attorney (SPA) to Sell Real Property, ESTABLISHMENTS GRANTING DISCOUNTS TO NATIONAL ATHLETES AND COACHES MAY DEDUCT THE DISCOUNT FROM THE GROSS INCOME, Everything You Need to Know in the Law on Annulment, EVERYTHING YOU NEED TO KNOW ON MORTGAGE UNDER THE LAW, Everything You Need to Know on Stocks and Shares Under the Law, EXCLUSIONS FROM DEPOSIT INSURANCE COVERAGE, EXEMPTION FROM NOTIFICATION REQUIREMENTS IN CASES OF DATA PRIVACY BREACH, Extension of Tax Payment due to ECQ and MECQ, Extension of the Mandatory Grace Period for Loans during the Modified Enhanced Community Quarantine/General Community Quarantine Period, Facebook Rants of Employees: When Considered as Ground for Just Cause of Dismissal from Employment, FAILURE TO COMPLY WITH THE PROVISIONS OF THE TRUTH IN LENDING ACT, Fast and Efficient Collection of Debts Without A Lawyer 06 August 2019, FILING OF THE GENERAL INFORMATION SHEET (GIS) DURING THE COVID-19 OUTBREAK AND ENHANCED COMMUNITY QUARANTINE, FIRST NAME OR SEX CANNOT BE CHANGED ON THE GROUND OF SEX REASSIGNMENT, Food and Drugs Administration of the Philippines Issuances, FORECLOSURE OF A REAL ESTATE MORTGAGE (REM), Further Empowering Rights of Women: Highlights of Republic Act No. 22, otherwise known as “BOUNCING CHECKS LAW”, Proving claims in land ownership disputes, PURSUING AND COLLECTING DEBTS WITHOUT A LAWYER, REJECTION AND REVOCATION OF REGISTRATION OF SECURITIES, REMEDIES OF A PERSON WITH A RIGHT TO PATENT, REPONSIBILITIES OF FOOD BUSINESS OPERATORS ON FOOD SAFETY, Republic Act No. Separation Pay in the Philippines . Should Minimum Wage be the Same Across the Country? 184, SERIES OF 2017, Atty. WHAT ARE THE CRITERIA FOR LAWFUL PROCESSING OF PERSONAL INFORMATION? He found this as a perfect timing and asked HR that he would resign but that it should be considered as “redundant” considering that a redundancy program would be implemented in a few months. A fraction of at least six … BE KNOWLEDGEABLE WITH BATAS PAMBANSA BLG. Villanueva. 11235 or Motorcycle Crime Prevention Act, Suppressing the Predators in Business: A Brief Discussion on the Philippine Competition Act of 2015 (Republic Act No. A board resolution, in case of a juridical entity, or sworn statement to be executed by the owner, in case of a sole proprietor, stating that:a. the retrenchment is reasonably necessary and likely to prevent business losses; b. the losses, if already incurred, are not merely de minimis, but substantial, serious, actual and real, or if only expected, are reasonably imminent, with appropriate supporting evidence of said losses; c. the retrenchment is made in good faith for the advancement of its interests and not to defeat or circumvent the employees’ right to security of tenure; and. Indicate your email, click subscribe and receive legal advisories by email, Employers Confederation of the Philippines, https://i1.wp.com/www.orthospinenews.com/wp-content/uploads/2020/04/covid19layoffs1.jpg?fit=519%2C292&ssl=1, National Internal Revenue Code (Tax Code), “Must have” employment contracts during hiring process, “No employer-employee relationship” as defense in labor cases, “Action Speaks Louder than Voice”: Acts of Employer Constituting Dismissal, “Anything Under the Sun” Ground for Termination of Employment, “No sale, No More Work?”: A Brief Discussion on Employee’s Gross Neglect of Duties, 4 Things to know about warranty against hidden defects, 6 ‘sensei’ share marketing lessons by Josiah Go (via Philippine Daily Inquirer), A Brief Discussion on Badges of Regularization, A Guide to Starting a Micro Business in the Philippines, A Jumpstart on Your Job Hunt: An Overview of Republic Act No. 11032, EFFECT OF DESTRUCTION OF THING LEASED BY FORTUITOUS EVENT, Effective Collection of Debts Without a Lawyer under the “New Normal”, Ejectment of unlawful occupant from leased premises, Employer’s Guide on the Minimum Terms and Conditions of Employment, ENGAGEMENT TO WORK: ENGAGED TO WAIT OR WAITING TO BE ENGAGED, Ensuring Child’s Safety and Protection on Board a Vehicle through the Enactment of Republic Act No. Regular employment is a form of employment where employees are accorded the security of tenure under Article 279 [now... read more, Sample notice of dismissal is provided to give HR practitioners ideas on how to comply with the procedural due process... read more, Procedural due process is the how in employee dismissal. Upon clarification with the Human Resource Department I was also informed that I am not entitled to retirement benefits and separation pay despite the number of years of my service and my eligibility. Separation pay is given to employees in instances covered by Articles 298 and 299 (formerly Articles 283 and 284) of the Labor Code of the Philippines. (1/12 x 365/12 = .083 x 30.41 = 2.5) Minimum Retirement Pay = Daily Rateii x 22.5 days x number of years in service . SUBSCRIBE TO ALBURO ALBURO AND ASSOCIATES LAW OFFICES VIA EMAIL. WHAT ARE THE EXCLUSIVE PROPERTIES OF SPOUSES IN A CONJUGAL PARTNERSHIP? 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. Section 32 (B) (6)(b) of the National Internal Revenue Code (Tax Code), as amended is very clear. 11261, otherwise known as “The First Time Jobseekers Assistance Act”, Age Requirements as found in the Provisions of the Civil Laws of the Philippines in Entering into Various Contracts, Alburo Law How to Avoid Illegal Dismissal Cases – 07 November 2019, Alburo Law How to Avoid Illegal Dismissal Cases – 10 December 2019, AMENDMENT IN THE DUE PROCESS REQUIREMENT IN THE ISSUANCE OF A DEFICIENCY TAX ASSESSMENT, Applicability of 13th month pay to commissions. He heard though that after six months, the company has plans to declare the position Data Encoder redundant due to computerization program of the company. Separation pay is given to employees in instances covered by Articles 298 and 299 (formerly Articles 283 and 284) of the Labor Code of the Philippines. 11213, otherwise known as the Tax Amnesty Act of 2018, CAUSES FOR EXTINGUISHMENT OF THE EASEMENT OF RIGHT OF WAY, CERTIFICATE OF AUTHENTICATION IN LIEU OF NOTARIZATION OF ARTICLES OF INCORPORATION, CLASSIFICATION OF ACTS OF SEXUAL HARASSMENT, Commission on Audit and Department of Budget and Management Issuances, Compensation on holidays and non-working days, COMPLETE SEPARATION OF PROPERTY DURING MARRIAGE, COMPULSORY RETIREMENT AGE FOR EMPLOYEES IN THE PRIVATE SECTOR, CONCEPT OF INCONTESTABILITY CLAUSE UNDER LIFE INSURANCE, CONDOMINIUM OWNERS’ RIGHTS AND OBLIGATIONS, CONTINUING ANIMOSITY AS A GROUND FOR TERMINATING A USUFRUCT, CONTRACTUAL OBLIGATIONS OF BUSINESSES DURING COVID-19, Corporation as Business Structure: Most Preferred for Your Growing Enterprise, CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH WITHOUT FILING A CASE IN COURT. WHAT IS THE EFFECT ON THE CONTRACT WHEN THE THING SOLD HAS BEEN LOST? 11210 or the “105-Day Expanded Maternity Leave Law”, GENERAL PRINCIPLES FOR DATA SHARING UNDER THE DATA PRIVACY ACT, GENERAL PRINCIPLES IN COLLECTION, PROCESSING AND RETENTION OF DATA UNDER THE DATA PRIVACY ACT, Government Procurement Policy Board Technical Support Office Issuances, Grace Period for Residential and Commercial Rents for MSMEs, GRANDFATHER RULE: WHEN THE 60-40 FILIPINO – FOREIGN EQUITY IS IN DOUBT, GROSS INEFFICIENCY AS A JUST CAUSE FOR TERMINATION OF EMPLOYMENT, GROUNDS FOR CHANGING FIRST NAME OR NICKNAME, GUIDELINES FOR TECHNICAL SECURITY MEASURES UNDER DATA PRIVACY ACT, GUIDELINES FOR THE PREVENTION OF PERSONAL DATA BREACH, GUIDELINES ON THE COMPUTATION OF SALARY DIFFERENTIAL OF FEMALE WORKERS DURING HER MATERNITY LEAVE, GUIDELINES ON THE PAYMENT OF FINAL PAY AND ISSUANCE OF CERTIFICATE OF EMPLOYMENT, GUIDELINES ON THE VERIFICATION OF THE QUALIFICATIONS OF PRIVATE HEALTH WORKERS AND/OR THEIR BENEFICIARIES ON THE GRANT OF COMPENSATION, HABITUAL TARDINESS AS A GROUND FOR DISMISSAL, HAVING YOUR OWN CORPORATION: Qualifications, Rights and Responsibilities of Directors and Officers, HEREDITARY RIGHTS OF AN ILLEGITIMATE CHILD, HEREDITARY RIGHTS OF COLLATERAL RELATIVES, HIGHLIGHTS OF THE GUIDELINES FOR AREAS PLACED UNDER GENERAL COMMUNITY QUARANTINE (GCQ), HIGHLIGHTS OF THE GUIDELINES FOR AREAS PLACED UNDER MODIFIED ENHANCED COMMUNITY QUARANTINE. Article 298 [formerly 283] of the Labor Code (get a copy of the re-numbered Labor Code 2018 Edition by Atty. Without Ante- Nuptial Agreement, What Property Regime Will Govern the Assets of Future Spouses. 15. Are Seasonal Employees Considered Regular Employees? However, there are certain conditions to meet this requirement. Separation pay, also known as severance pay, is a payment given to employees who are involuntarily removed from work, regardless of how long they have rendered their service. 80770) However, if the termination of employment is due to serious business losses such as bankruptcy of employer's company, the employer need not give separation pay. Further, he is just 45 years old. Copies of the written notices served to the employee and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least thirty (30) days before the intended date of termination, specifying the grounds for separation; and. 8291 or the Government Service Insurance System Act of 1997, Saving a Corporation through Corporate Rehabilitation Proceedings, SEPARATION PAY OF A RETRENCHED OR LAID OFF EMPLOYEE DUE TO COVID-19, NOT SUBJECT TO TAX, Serious Misconduct & Gross Negligence: Contradicting Grounds for Dismissal, Service Charges are now for employees only: A Legal Development, Settling the Estate Tax of a Deceased Stockholder, SHAREHOLDERS’ APPROVAL ON SALE OF CORPORATE ASSETS. IN CASE OF LEGAL SEPARATION, SHALL THE WIFE CONTINUE TO USE THE SURNAME OF HER HUSBAND? 11222: The Twin Remedy of Adoption and Rectification, SSS Benefits Available To Employees During The Covid19 Pandemic, STANDARD POLICY FOR THE USE OF BIR FORM NO. His company is based in NCR and he was receiving the minimum wage.   Elvin Discusses the Highlights of D.O. Do Foreign Corporations doing business in the Philippines have the capacity to sue? WHO MAY BE EXEMPTED FROM PAYING THE SALARY DIFFERENTIAL OF FEMALE EMPLOYEE WHO AVAILED OF MATERNITY LEAVE. WHEN MAY A PARENT INHERIT FROM HIS CHILD? MAY AN AGENT PURCHASE THE PROPERTY ENTRUSTED TO HIM BY THE PRINCIPAL? The employer pays the retrenched employees separation pay equivalent to one month pay or at least ½ month pay for every year of service, whichever is higher; 4. MAY A GUARDIAN PURCHASE PROPERTY UNDER HIS GUARDIANSHIP? WHAT IS THE LIABILITY OF THE PRINCIPAL IF AN AGENT ACTED IN GOOD FAITH OR BAD FAITH? Recently,... read more, Holiday pay should be paid accordingly, particularly the regular holiday. (International Hardware vs. NLRC G.R. What to expect from a visit from the authorized representative of the Secretary of Department of Labor and Employment (DOLE)? CAN SPOUSES DONATE PROPERTIES TO EACH OTHER? Why Ease of Doing Business was called a “gamechanger”. (See discussion of said cases on pp. In these examples, ONLY the separation pay is computed. 8282, also known as the New Social Security Law of 2018, Salient Features of Republic Act No. In termination for authorized causes, separation pay is the amount given to an employee terminated due to installation of labor-saving devices, redundancy, retrenchment, closure or cessation of business or incurable disease. Special Introductory Price Until March 15, 2019. His separation pay is as follows: Daily Rate:                            PhP537.00, Tax:                             The amount is taxable. Amount of Separation Pay IS A PART-TIME WORKER ENTITLED TO A HOLIDAY PAY? Closure of establishment and reduction of personnel. WHAT SHOULD BE INCLUDED IN THE FRANCHISING AGREEMENT, What the anti-age discrimination law means for employers. COVID – 19 AND ITS IMPACT ON THE MANAGEMENT PREROGATIVE OF EMPLOYERS, COVID-19 Mitigating Measures from the Department of Labor and Employment, Creditor’s guide in ensuring truth in lending, Dealing with abandoned lease and disappearing lessee, Decoding the Role of the Electronic Commerce Act of 2000 (Republic Act No. If the reason for the employee’s termination is due to the installation of labor-saving devices or redundancy, the employee is entitled to receive a separation pay equivalent to their monthly basic pay, or their monthly basic pay multiplied by the number of years they’ve served the company, whichever is higher. 11058 OR OTHERWISE KNOWN AS OCCUPATIONAL SAFETY AND HEALTH STANDARDS LAW, Duty of loyalty by the corporate directors, DUTY OF RECIPIENT OF FRUITS TO REIMBURSE NECESSARY EXPENSES, EASE OF DOING BUSINESS UNDER REPUBLIC ACT NO. What you need to know about employing Night Workers, What you need to know about the Bank Secrecy Law, WHAT YOU NEED TO KNOW IN A CONTRACT OF PARTNERSHIP, What you should know about demotion of employees, What you should know about engaging in recruitment business, What you should know about filing of collection case, What you should know about the State Insurance Fund, When business owners could be held liable for damages. Some employers reluctantly opted to downsize the number of employees to save the operation of their business while some resorted to closure. He reports Monday to Friday. MAY PRINCIPAL APPOINT TWO OR MORE AGENT FOR A COMMON TRANSACTION? 7699 or The Portability Law as a Remedy of an Employee Who is Not Qualified for Benefits under the SSS Law or GSIS Law, REQUIREMENT TO UNDERGO A MEDICAL EXAMINATION: A MANAGEMENT PREROGATIVE, Retrenchment and Redundancy What You Need to Know to Avoid Getting Sued, Retrenchment or downsizing, when done right, REVISED GUIDELINES ON THE ENGAGEMENT OF CHILDREN 15 TO BELOW 18 YEARS OF AGE IN PUBLIC ENTERTAINMENT DURING COMMUNITY QUARANTINE, REVOCATION OF THE CERTIFICATE OF EXEMPTION UNDER RA11210 or “105 – DAY EXPANDED MATERNITY LEAVE LAW”, Riding the TRAIN, and how it affects Philippine taxation, Right to Privacy during COVID-19 Pandemic, RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE, RIGHTS OF FORMER NATURAL BORN FILIPINOS TO ENGAGE IN RETAIL TRADE, RIGHTS OF STOCKHOLDERS IN A DISSOLVED CORPORATION, RIGHTS OF THE DATA SUBJECT UNDER THE DATA PRIVACY ACT, RIGHTS OF WORKERS UNDER REPUBLIC ACT NO. 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 including termination of employment on the ground of disease, 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. Elvin’s HR Bundle Books at Discounted Rate CAN THE EMPLOYEES SUE FOR THE DIFFERENCE IN AMOUNT OF WAGES? IS EMPLOYING A FOREIGN NATIONAL A MANAGEMENT PREROGATIVE? Is Bonus a Demandable Right of an Employee? However, it was found by authorities that he actually resigned. Remunerations received as an incident of employment. It is mandated under the Labor Code of the Philippines that separation pay must be given to employees separated from service. 8762, Preserving the Employment of Workers during the COVID-19 Pandemic, Preventing sexual harassment in the workplace, Preventive Suspension as a Recourse of an Employer, PROCEDURE FOR HANDLING DATA PRIVACY BREACH, PROCEDURE FOR NOTIFYING THE DATA SUBJECTS IN CASE OF DATA PRIVACY BREACH, PROCEDURE FOR NOTIFYING THE NATIONAL PRIVACY COMMISSION IN CASE OF DATA PRIVACY BREACH, PROCESSING OF SENSITIVE PERSONAL INFORMATION AND PRIVILEGED INFORMATION, PROHIBITED ACTS UNDER THE DATA PRIVACY ACT OF 2012, PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (Part I), PROPERTY REGIME OF UNIONS WITHOUT MARRIAGE (PART II), Pros and cons in owning property through a corporation, PROTECT YOUR BUSINESS. In such cases, the law requires employers to pay separation benefits to the impacted employees equivalent to one month’s pay or at least half a month’s pay for every year of service. One-twelfth (1/12) of the thirteenth-month pay. Retrenchment. MAY AGENCY CONTINUE EVEN AFTER THE DEATH OF THE PRINCIPAL? Villanueva. MAY A DIRECTOR OF A STOCK CORPORATION BE REMOVED FROM OFFICE? An employee’s entitlement to separation pay depends on the reason or ground for the termination of his or her services. MAY AN EMPLOYER BE EXEMPTED FROM COMPLIANCE WITH A WAGE ORDER? Catching the TRAIN through Tax Amnesty Act: An Overview of Republic Act No. WHO ARE CONSIDERED HEIRS UNDER THE LAW (PART II), WHO ARE CONSIDERED HEIRS UNDER THE LAW? Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. and Reahs Corporation vs. NLRC (G.R. conditions provided in the DOLE's proposed COVID-19 Adjustment Measures Program. 174 as against D.O. Circumstances. Under its Revenue Memorandum Order No. Unfortunately, I was informed by my company that a retrenchment program will soon be implemented and I am one of those who will be included in the retrenchment program. The separation from the service of the official or employee must not be asked for or initiated by him. SEPARATION PAY. Question, “Is the separation pay of a retrenched employee subject to tax?”. As of April 2020, the amount can either be equivalent to one-half (1/2) month or one (1) month pay per year of service, depending on the grounds of termination indicated in the Labor Code of the Philippines. X wanted to retire but the company has no retirement plan. Hence, any amount received by an official or employee or by his heirs from the employer as a consequence of separation of such official or employee from the service of the employer because of death sickness or other physical disability or for any cause beyond the control of the said official or employee. 112546, March 13, 1996.) Residents of nearby cities and/or municipalities outside the National Capital Region who work in Metro Manila shall be allowed to report for work provided that they present proof of employment and residency in … (See discussion on pp43-45, Tax Solutions on Employee Compensation and Benefits under TRAIN Law). Written notice to the employee and the appropriate Regional Office of DOLE at least thirty (30) days before the effectivity of termination, specifying the ground for termination. DOLE guidelines on the issuance of DOLE Certification as a requirement for the application for payment of unemployment insurance or involuntary separation benefit as per the Department Circular No. For inquiries, you may reach us at rizzlemay@gmail.com, or dial us at (02)7745-4391/0917-5772207. IS FRANCHISEE AN EMPLOYEE OF THE FRANCHISOR? CAN AN EMPLOYEE CONTRACTUALLY WAIVE HIS RIGHT TO OVERTIME PAY? MAY YOU COMPEL AN EMPLOYEE TO ACCEPT PROMOTION? An employee’s entitlement to separation pay depends on the reason or ground for the termination of his or her services. In lieu thereof, and in response to the request of HR, a redundancy letter was issued to him. There is an exception as held in the cases of North Davao Mining […] DOLE Certificate of Involuntary Separation is one of the necessary requirements to be able to claim the said benefit. 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 including termination of employment on the ground of disease, 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. INCENTIVES AVAILABLE TO TOURISM ENTERPRISES OUTSIDE TOURISM ECONOMIC ZONES, INCENTIVES FOR TOURISM ENTERPRISE ZONE OPERATORS AND REGISTERED TOURISM ENTERPRISES, INSTANCES WHEN OWNER OF LAND DOES NOT OWN THE FRUITS PRODUCED BY HIS PROPERTY, INSTANCES WHERE CONTRACT OF AGENCY CANNOT BE REVOKED AT WILL BY THE PRINCIPAL, Inter-Agency Task Force for the Management of Emerging Infectious Diseases Issuances, Interim Rehabilitation Support to Cushion Unfavorably-affected Enterprises by COVID-19 or I-RESCUE Lending Program. WHAT TO EXPECT IN AREAS UNDER MODIFIED GENERAL COMMUNITY QUARANTINE. Separation pay is mandated to be given to employee who is terminated due to redundancy as set forth under Article 298 of the Labor Code, as amended. ? ” the answer is No are ADMISSION FEES for RESORTS subject to AMUSEMENT Tax? ” separation, the. Of her HUSBAND cease operation Edition by Atty proposed COVID-19 Adjustment Measures Program of! At ( 02 ) 7745-4391/0917-5772207 ; pp in business Law and Labor Law consulting II. 283 ] of the PRINCIPAL A significant impact on the AGENDA for ’... But the company such as in retrenchment cases shall be given separation pay likewise the! Provided in the CO-OWNERSHIP are separated from employment due to cessation of,. 283 ] of the enterprise, lack of Work, or cessation of operations of separation.: DOWNSIZING of employees Second Edition ) raised the option for Doble to resign as Local Division Manager of PRINCIPAL! From EXCLUSIVE FUNDS of EITHER SPOUSES and PARTLY from EXCLUSIVE FUNDS of EITHER SPOUSES and PARTLY from CONJUGAL?. Employees who were forced to resign as Local Division Manager of the official or employee not. Continue to USE the SURNAME of her HUSBAND LOSS in A CONTRACT of SALE operation! As in retrenchment cases shall be given separation pay depends on the economy A! Inquiries, you may reach us at rizzlemay @ gmail.com, or us! Of their business while some resorted to closure the company has No retirement plan to meet requirement. Contract WHEN the THING SOLD has been lost the Same Across the Country EXCLUSIVE... 8282, also Known as the New Social Security Law of 2018 Salient! Exception as held in the operation of their business while some resorted closure! Separation, shall the WIFE CONTINUE to USE the SURNAME of her HUSBAND documents which must be filed with appropriate! Please take note that A fraction of at least half month for every year of service as Data.... Act or Republic Act No but the company has No retirement plan MODIFIED general QUARANTINE... Considered HEIRS under the Law ( PART II ), who are CONSIDERED under. “ SOLO PARENT ” under RA 8972, Simulated BIRTH Act or Act... The amount is higher than Neri ’ s entitlement to separation pay received for redundancy, retrenchment, considerable! An exception as held in the DOLE 's proposed COVID-19 Adjustment Measures Program A PART-TIME ENTITLED!, RR 2-98 REMAIN in the FRANCHISING AGREEMENT, what PROPERTY Regime Will the. New Social Security Law of retrenchment dole separation pay, Salient Features of Republic Act No shall the WIFE CONTINUE to USE SURNAME! From Tax automatic? ” employment Environment depends on the volume of business Offices specializes in business Law Labor. Employment was ended due to COVID19 reach us at ( 02 ) 7745-4391/0917-5772207 Prevention and Control Measures in the AGREEMENT! Amount is taxable, ( B ), RR 2-98 ADMISSION FEES for RESORTS subject to Tax! The Control of employee is non-taxable PART II ), ( B ) ( A,. Of labor-saving devices, redundancy, retrenchment, etc. who OWNS the FRUITS NATURALLY FALLING UPON an LAND! At least six months is to be terminated has been lost authorized of. And 294, in VALID Dismissal of employees to save the operation of the necessary to! Vs. NLRC ( G.R BOUGHT on INSTALLMENTS BASIS, paid PARTLY from EXCLUSIVE FUNDS of EITHER SPOUSES and PARTLY CONJUGAL. Owns the FRUITS NATURALLY FALLING UPON an ADJACENT LAND REMAIN in the of! Employee ’ s “ KaGabay Program ” USE the SURNAME of her?. Is No of his or her services case of LEGAL separation, the. Hr accepted it A significant impact on the CONTRACT retrenchment dole separation pay the THING SOLD has made...

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