Skip to content It is mandated under the Labor Code of the Philippines that separation pay must be given to employees separated from service. However, there are certain conditions to meet this requirement. Those employees who were forced to resign from the company such as in retrenchment cases shall be given separation pay. However, those who resign voluntarily will not be given any nor the employer is obliged to give them separation pay. It is not mandated under the Labor Code for such unless it has been a company practice to give separation pay to those voluntarily resigning or it was stipulated in the contracts that such is the case.
In addition, separation pay be computed based on contractual stipulation, policy or agreement or company practice that has been applied for many years in the company.
If not stipulated from the agreement or policy, those who are separated from the company shall receive at least one month equivalent salary or one half of one month salary compounded for each year of service whichever is higher. Thus, the amount of separation pay will be based on the value of the last salary of the employee, the length of service and the reason for the separation from service. This might be confusing but here’s how to compute it:
Article 283 of the Labor Code provides that an employee terminated based on installation of labor-saving devices or redundancy or for health reasons is entitled to at least one-month salary or to at least one-month salary for every year of service, whichever is higher.
This is different for termination based on retrenchment to prevent losses and closure of business, the employee affected is entitled to at least one month salary or 1/2 month salary for every year of service, whichever is higher.
In case of illegal termination, separation pay in lieu of reinstatement has been consistently computed at one month salary for every year of service.
As an example, if the retrenched employee’s salary is P8,000.00 and he has been working for 3 years, he is entitled to separation pay equivalent to whichever is higher of his:
Is it true that you may receive seperation pay even you just render less than 6months?
what if the employee’s length of service is just 10months?
How to compute a final pay ?
Date hired: April 12,2018
Date Resigned: June 1,2019
Yung company po na huling pinagtrabahuhab ko since na established sila nagbibigay po sila ng sep pay until last year. Pero nitong taon ako po ang unang nag resign at biglang sinabi na wala na dw sep pay na matatanggap with question mark pa ksi itatanong dw ulit sa may-ari. Hanggang may sumunod na nagresign ganun din sabi nila at wala man lng kht anung memo sila binibigay. Last July ang nakuha ko lng ay Last pay dw after 4 months. Sbi ng nakakausap ko na acting officer kuno sa HR try ko dw sumulat at makiusap sa may-ari sya dw makikiusap para sakin pagkabigay ng letter pero wala ding nangyare. Nung nakuha nung isang nagresign ang last pay nya dun na kami umaksyon at dinala na sa dole ito. Pero naka 2 hearing na di sila sumisipot sbi ng dole baka dw di pa narereceive ang sulat kaya nanghingi na kami ng kopya na may nakalagay na last and final hearing sa dole. Naging company practice na nila ang magbigay ng sep pay tama po ba na bigla na lang sila di magbibigay eh ilang taon namin silang pinagsilbihan ng maayos. Nakakasama ng loob ang mga ganyang employer.
Hi,
Ask lang po kasi po nag notify po ang company less than amount or 16 days before ng effective closure ng company. I’ve been working here for about 1 year and 5 month and 13 days ittanong ko lang po if magkano po yun makkuha ko pong separation pay.
Hope po na masagot nio po ang aking katanungan po.
Thank you in advance
Tanong ko lang po paano po ang computation ng service charge?at naproklama na po b or sinusunod na po ba ang 100% service charge pra sa manggagawa?
sa aking nabasa sa labor code ay ang resigned na employee ay di entitled sa separation pa. 13th month pay lang ang pwede mong habulin sa company na pinagtrabahuan mo. buti nga at napakinabangan mo pa yong ibang taon na binibigay ang separation pay niyo. ” It is mandated under the Labor Code of the Philippines that separation pay must be given to employees separated from service. However, there are certain conditions to meet this requirement. Those employees who were forced to resign from the company such as in retrenchment cases shall be given separation pay. However, those who resign voluntarily will not be given any nor the employer is obliged to give them separation pay. It is not mandated under the Labor Code for such unless it has been a company practice to give separation pay to those voluntarily resigning or it was stipulated in the contracts that such is the case. “
Is separation pay supposed to be given when the employer died suddenly? My brother was a doctor and he shared the services of a clinic secretary with two other doctors. I am handling his affairs. He was single. The clinic secretary asked if she could have separation pay.